No. 18-6013
Richard Carl Wyatt v. United States
IFP
Tags: acca armed-career-criminal-act constitutional-vagueness due-process elements-clause habeas-corpus habeas-corpus-review johnson-v-united-states presumption presumption-of-regularity residual-clause section-2255 sentencing sentencing-enhancement
Latest Conference:
2019-01-04
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 the court could presume that the sentencing court relied on the elements clause of the ACCA to determine that Wyatt was subject to the Act, when doing so requires the court to presume that the sentencing court acted illegally.
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
2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Memorandum of respondent United States in opposition filed.(11/26/2018)
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.
2018-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2018)
Attorneys
Richard Wyatt
James Francis Whalen — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent