Jeremiah T. Sailor v. United States
HabeasCorpus
1.) Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified – and therefore the record is silent on – whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause.
2.) Whether a conviction for robbery qualifies as a "violent felony" under the ACCA's elements clause where, as in Florida and several other states, the offense may be committed by using a de minimis amount of force.
Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified - and therefore the record is silent on - whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause