No. 18-6548

Salvatore Leone v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 armed-career-criminal-act collateral-review johnson-ruling johnson-v-united-states residual-clause retroactive-effect retroactivity sentencing sentencing-enhancement successive-habeas-motion welch-v-united-states
Latest Conference: 2018-11-30
Question Presented (from Petition)

Are federal courts precluded from granting a federal prisoner's successive 28 U.S.C. § 2255 motion to vacate an illegal sentence based on Johnson where the record is unclear about whether the movant's sentence was enhanced under the now-invalidated residual clause?

Question Presented (AI Summary)

Are federal courts precluded from granting a federal prisoner's successive 28 U.S.C. § 2255 motion to vacate an illegal sentence based on Johnson where the record is unclear about whether the movant's sentence was enhanced under the now-invalidated residual clause?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent