No. 18-8737

Mario Bachiller v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-09
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: categorical-approach certificate-of-appealability constitutional-vagueness criminal-law criminal-law-procedure due-process eleventh-circuit johnson-retroactivity mandatory-minimum residual-clause retroactivity section-924c vagueness vagueness-doctrine
Latest Conference: 2019-10-01
Question Presented (from Petition)

I. Whether Johnson v. United States, 135 S. Ct. 2551 (2015),
applies retroactively to a 28 U.S.C. § 2255 motion attacking a
conviction and sentence imposed under 18 U.S.C. § 924(c)(8) so
that such a 28 U.S.C. § 2255 motion filed within a year of the
Johnson decision is timely?

II. Whether the residual clause of 18 U.S.C. § 924(c)(3) is
unconstitutionally vague pursuant to Johnson v. United States,
135 S. Ct. 2551 (2015), and thus, whether appellant, Mr. Erik
Lindsey Smith, is actually innocent of his conviction and
sentence imposed pursuant to 18 U.S.C. § 924(c)?

III. Whether the Eleventh Circuit's rule that reasonable jurists
could not debate an issue foreclosed by binding circuit precedent,
even where a judge on the panel issuing the binding precedent
subsequently states the panel's decision may be erroneous,
misapplies the standard articulated by this Court in Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003), and more recently in
Buck v. Davis, 187 S. Ct. 759, 773-74 (2017), for determining
whether a movant has made the threshold showing necessary to
obtain a certificate of appealability (COA)?

Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c)'s residual clause is unconstitutionally vague under Johnson v. United States

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Davis, 588 U. S. ___ (2019).
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Memorandum of respondent United States of America filed.
2019-05-03
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2019.
2019-05-02
Motion to extend the time to file a response from May 9, 2019 to June 10, 2019, submitted to The Clerk.
2019-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)

Attorneys

Mario Bachiller
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent