No. 18-5692
Melvin Jordan, III v. United States
IFP
Tags: 28-usc-2255 armed-career-criminal-act certificate-of-appealability enumerated-clause habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing violent-felony
Latest Conference:
2018-11-30
Question Presented (from Petition)
(1) Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA.
(2) Whether a court considering a § 2255 petitioner's entitlement to relief under Johnson is prohibited from considering current law when deciding whether the petitioner's prior offenses still qualify as violent felonies under the enumerated clause of the ACCA.
Question Presented (AI Summary)
Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA
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.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-09-11
Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)
Attorneys
Melvin Jordan, III
James Francis Whalen — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent