Question Presented (from Petition)
I. May a court may grant a 28 U.S.C. § 2255 petition challenging his sentence under Johnson when the evidentiary record is silent as to whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause, but at the time of the sentencing the relevant case law had consistently relied on the residual clause to find that the predicate conviction qualified ?
Question Presented (AI Summary)
May a court grant a 28 U.S.C. § 2255 petition challenging a sentence under Johnson when the evidentiary record is silent as to whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause, but at the time of the sentencing the relevant case law had consistently relied on the residual clause to find that the predicate conviction qualified?
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-24
Reply of petitioner Michael Jackson filed.
2019-01-18
Brief of respondent United States in opposition filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is further extended to and including January 18, 2019.
2019-01-03
Motion to extend the time to file a response from January 4, 2019 to January 18, 2019, submitted to The Clerk.
2018-12-26
Second supplemental brief of petitioner Michael Jackson filed.
2018-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
2018-11-29
Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
2018-11-05
Response Requested. (Due December 5, 2018)
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
Supplemental brief of petitioner Michael Jackson filed.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2018)