No. 18-7577
Roland Castro v. United States
Response WaivedIFP
Tags: armed-career-criminal-act due-process habitual-offender johnson-retroactivity johnson-v-united-states prior-convictions residual-clause sentencing sentencing-ambiguity statutory-maximum united-states-v-herrold united-states-v-johnson violent-felony
Key Terms:
HabeasCorpus Immigration Privacy JusticiabilityDoctri
HabeasCorpus Immigration Privacy JusticiabilityDoctri
Latest Conference:
2019-03-15
Question Presented (from Petition)
Whether it is inconsistent with Welch v. United States, 136 S. Ct. 1257 (2016), for a court to require a prisoner who files a second or successive motion under 28 U.S.C. § 2255 to show that any reliance on the ACCA's constitutionally infirm residual clause adversely affected his sentence by affecting a determination under the enumerated-offenses clause, or else suffer the dismissal of his petition for lack of jurisdiction.
Question Presented (AI Summary)
Whether petitioner's 240-month sentence under the Armed Career Criminal Act (ACCA) must be vacated because it is unclear whether he was sentenced under the unconstitutionally vague residual clause
Docket Entries
2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-21
Waiver of right of respondent United States to respond filed.
2019-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)
Attorneys
Roland Castro
Scott Andrew Martin — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent