No. 18-6212

Thomas Burgess v. Nicole English, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2255e amendment-782 criminal-procedure intervening-arrest mandatory-minimum miscarriage-of-justice precedent-change savings-clause sentencing sentencing-modification sentencing-relief-28-usc-2255e
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (from Petition)

IF A DEFENDANT DID TRY TO PERSUADE THE COURT OF APPEALS TO CHANGE
ITS BINDING PRECEDENT BUT WAS UNSUCCESSFUL, WOULD THE DEFENDANT BE
ABLE TO SEEK RELIEF UNDER THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e)
IF YEARS LATER THE COURT OF APPEALS CHANGED ITS PRECEDENT TO WHAT
THE DEFENDANT TRIED TO PERSUADE THE COURT TO CHANGE ITS PRECEDENT
TOO ?

IF THE DISTRICT COURT USED A TRAFFIC STOP AGAINST A DEFENDANT AS
A INTERVENING ARREST AT SENTENCING, THAN YEARS LATER BINDING
PRECEDENT IS ISSUED THAT SAYS A DISTRICT COURT IS NOT ALLOWED TO
USE A TRAFFIC STOP AS A INTERVENING ARREST AGAINST A DEFENDANT
AT SENTENCING, WOULD THE DEFENDANT BE ABLE TO SEEK RELIEF UNDER
THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e) ?

IF A DEFENDANT IS DENIED A REDUCTION OF HIS SENTENCE UNDER AMENDMENT
782 BECAUSE THE DISTRICT COURT INCORRECTLY APPLIED A DEFUNCTED 10
YEAR MANDATORY MINIMUM STATUTE TO THE DEFENDANT'S SENTENCE AT THE
DEFENDANT'S SENTENCING HEARING, CAN THE DEFENDANT SEEK RELIEF UNDER
THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e) IN ORDER TO HAVE THE
DEFUNCTED YEAR MANDATORY MINIMUM STATUTE REMOVED FROM HIS
SENTENCE SO THAT THE DOOR CAN BE OPEN FOR THE DEFENDANT TO SEEK
A REDUCTION OF HIS SENTENCE UNDER AMENDMENT 782 ?

IS IT A MISCARRIAGE OF JUSTICE WHEN A DEFENDANT IS DENIED A
REDUCTION OF HIS SENTENCE UNDER AMENDMENT 782 BECAUSE OF A
DEFUNCTED 10 YEAR MANDATORY MINIMUM STATUTE THAT :LEGALLY DOES
NOT APPLY TO HIM, AND IF SO, CAN THE DEFENDANT USE THE SAVINGS
CLAUSE OF 28 U.S.C. § 2255(e) TO CURE THE INJUSTICE WHEN NO
OTHER VEHICLE OF A PETITION IS AVAILABLE FOR HIM ?

Question Presented (AI Summary)

Whether a defendant can seek relief under the savings clause of 28 U.S.C. § 2255(e) when the court of appeals changes its binding precedent to what the defendant previously tried to persuade the court to change

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-12-26
Brief of respondent Nicole English, Warden in opposition filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2018.
2018-11-20
Motion to extend the time to file a response from November 26, 2018 to December 26, 2018, submitted to The Clerk.
2018-10-25
Response Requested. (Due November 26, 2018)
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent Nicole English, Warden to respond filed.
2018-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)

Attorneys

Nicole English, Warden
Noel J. FranciscoSolicitor General, Respondent
Thomas Burgess
Thomas Burgess — Petitioner