No. 18-9275

James Troiano v. United States

Lower Court: Ninth Circuit
Docketed: 2019-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca-residual-clause advisory-guidelines advisory-sentencing-guidelines armed-career-criminal-act certificate-of-appealability due-process johnson-claim johnson-v-united-states townsend-misinformation townsend-v-burke vagueness void-for-vagueness
Latest Conference: 2019-06-13
Question Presented (from Petition)

Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim against the residual clause of the advisory career offender guideline, given Beckles's acknowledgment that Townsend claims survived its narrow vagueness holding, or because this issue is important enough to justify percolation in the circuit courts?

Question Presented (AI Summary)

Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim against the residual clause of the advisory career offender guideline, given Beckles's acknowledgment that Townsend claims survived its narrow vagueness holding, or because this issue is important enough to justify percolation in the circuit courts?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States of America to respond filed.
2019-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2019)

Attorneys

James Troiano
Peter Christian Wolff Jr.Office of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent