No. 18-5674
Roger Clay Swain v. United States
IFP
Tags: armed-career-criminal-act career-offender collateral-review due-process federal-sentencing habeas-corpus johnson-ruling mandatory-sentencing-guidelines residual-clause retroactivity section-2255-motion sentencing-guidelines supreme-court-retroactivity timeliness
Latest Conference:
2018-11-30
Question Presented (from Petition)
Did Mr. Swain file his § 2255 motion within one year of "the date on which the right asserted was initially recognized by the Supreme Court," which "has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"? 28 U.S.C. § 2255(f)(3).
Question Presented (AI Summary)
Whether federal prisoners who were sentenced under the mandatory career-offender guideline filed timely § 2255 motions within one year of Johnson v. United States
Docket Entries
2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-22
Memorandum of respondent United States filed.
2018-08-30
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-08-29
Motion to extend the time to file a response from September 20, 2018 to October 22, 2018, submitted to The Clerk.
2018-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2018)
Attorneys
Roger Swain
Andrew Nevil Wise — Fed. Def. Office Legal Aid, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent