No. 18-8306

Billy Gene Howard v. United States

Lower Court: Eighth Circuit
Docketed: 2019-03-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca acca-clause armed-career-criminal-act concurrent-sentencing criminal-procedure due-process habeas-corpus johnson-relief johnson-v-united-states sentencing sentencing-guidelines violent-felony
Latest Conference: 2019-04-12
Question Presented (from Petition)

(1) Whether, where the record is unclear, a 28 U.S.C. § 2255 petitioner should be required to "affirmatively prove" that the sentencing court relied on the residual clause to determine that his prior offenses were violent felonies, before he is entitled to relief under Johnson v. United States, 135 S. Ct. 2551 (2015).

(2) Whether a district court may rely on current law to evaluate whether a sentencing judge could have relied on the ACCA's enumerated offense clause to determine that a defendant's prior convictions qualified as violent felonies.

(3) Whether the concurrent sentencing doctrine bars § 2255 relief merely because a district court hypothetically could have run a defendant's sentences consecutively rather than concurrently to reach the sentence imposed.

Question Presented (AI Summary)

Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove the sentencing court relied on the residual clause

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-12
Waiver of right of respondent United States of America to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)

Attorneys

Billy Howard
Nova Danielle JanssenFederal Public Defender, Northern & Southern Districts of Iowa, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent