No. 18-8703
Alan Wade Johnson v. United States
Tags: 28-usc-2255 armed-career-criminal-act federal-prisoner legal-background procedural-review residual-clause sentencing sentencing-enhancement silent-record successive-habeas-motion successive-motion
Latest Conference:
2019-05-09
Question Presented (from Petition)
When a federal prisoner demonstrates that, due to a silent record and the relevant legal background, the sentencing court may have relied on the Armed Career Criminal Act's residual clause to enhance his sentence, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)?
Question Presented (AI Summary)
When a federal prisoner demonstrates that, due to a silent record and the relevant legal background, the sentencing court may have relied on the Armed Career Criminal Act's residual clause to enhance his sentence, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)?
Docket Entries
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-18
Waiver of right of respondent United States of America to respond filed.
2019-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2019)
Attorneys
Alan Johnson
Kristin Michelle Kimmelman — Federal Public Defender's Office, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent