No. 18-6095

Jose Luis Buenrostro v. United States

Lower Court: Ninth Circuit
Docketed: 2018-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 habeas-corpus magwood-rule magwood-v-patterson motion-to-vacate new-judgment presidential-commutation sentence-reduction successive-motion
Latest Conference: 2018-10-26
Question Presented (from Petition)

Whether a prisoner whose sentence has been reduced from life
to 30 years imprisonment through a presidential commutation
may file a new motion to vacate under 28 U.S.C. § 2255 after the
sentence reduction under the "new judgment" rule in Magwood
v. Patterson.

Question Presented (AI Summary)

Whether a prisoner whose sentence has been reduced from life to 30 years imprisonment through a presidential commutation may file a new motion to vacate under 28 U.S.C. § 2255 after the sentence reduction under the new judgment' rule in Magwood v. Patterson

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondent United States to respond filed.
2018-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2018)

Attorneys

Jose Buenrostro
John Paul BalazsAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent