No. 18-7577

Roland Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-25
Status: Denied
Type: IFP
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
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 MartinFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent