No. 18-9403

In Re Christopher Johnson

Lower Court: N/A
Docketed: 2019-05-23
Status: Denied
Type: IFP
IFP
Tags: 2255-motion 28-usc-2241 922g-offense binding-precedent circuit-precedent commerce-clause criminal-procedure erroneous-precedent federal-prisoner foreclosed-arguments habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation
Latest Conference: 2019-06-13
Question Presented (from Petition)

1. Whether a federal prisoner may file a
petition for habeas corpus under 28 U.S.C. § 2241
in order to raise arguments that were foreclosed
by binding (but erroneous)(spacifically, United
States v. Smith,, 775 F.3:d 1262 (11th Cir. 2014),
circuit precedent at the time of his direct appeal
o and original application for post-conviction
relief under 28 U.S.C. § 2255, but which are then
meritorious in light of a subsequent decision
overturning that erroneous circuit precedent 7

Whether the indictment in this case .
improperly omitted -a -critical element of petitioner's
§ 922(g) offense that he knew he was a convicted -
felon at the time of his-possession 7

Whether 18 U.S.C. § 922(g)(1) is facially.
unconstitutional because it-exceeds congressional
authority under the commerce clause 7

Whether the Great Writ of Habeas Corpus
should be granted in light of Rehaif v. United
States ?

Question Presented (AI Summary)

Whether a federal prisoner may file a habeas-corpus petition under 28-usc-2241 to raise arguments foreclosed by binding-but-erroneous circuit-precedent

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-01
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Christopher Johnson
Christopher Johnson — Petitioner