No. 18-5821
Thomas Lee Farmer v. United States
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 2255-relief collateral-review concurrent-sentence-doctrine constitutional-law criminal-procedure due-process habeas-corpus johnson-v-united-states multiple-sentences retroactive-constitutional-rule retroactive-review retroactivity section-2255 sentencing sentencing-law
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-01-04
(distributed 2 times)
Question Presented (from Petition)
(1) Whether the concurrent sentence doctrine should be applied to deny § 2255 relief when one of a set of multiple sentences is now invalid because of a new rule of constitutional law made retroactive on collateral review by the Supreme Court that was previously unavailable?
(2) Whether application of Johnson v. United States, 1385 S. Ct. 2551 (2015), to the virtually identical residual clause in 18 U.S.C. § 3559(), requires a new rule of constitutional law, or merely requires a straightforward application of Johnson's reasoning to that statute.
Question Presented (AI Summary)
Whether the concurrent sentence doctrine should be applied to deny § 2255 relief
Docket Entries
2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Brief of respondent United States in opposition filed.
2018-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2018.
2018-10-10
Motion to extend the time to file a response from October 18, 2018 to November 19, 2018, submitted to The Clerk.
2018-09-18
Response Requested. (Due October 18, 2018)
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)
Attorneys
Thomas Lee Farmer
James Whalen — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent