No. 19-6195

Alejandro Martinez v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924c3b civil-rights collateral-review constitutional-law criminal-procedure equal-protection federal-appeals pro-se-petition retroactive-application retroactivity supreme-court-review unconstitutionally-vague united-states-courts united-states-v-davis vagueness
Latest Conference: 2020-01-10
Question Presented (from Petition)

(1) DOES THIS COURTS DECISION IN UNITED STATES V. DAVIS 588 U.S. 139 S.Ct.2319 (2019) HOLDING THAT 18.U.S.C S 924()(3)(B) IS ALSO UNCONSTITUTIONALLY VAGUE, ALTER THE RANGE OF CONDUCT OR CLASS OF PERSONS THAT THE LAW PUNISHES SUCH THAT UNDER TEAGUE V.LANE 489 U.S. 288, 109 S.Ct 1060, 103 L.Ed.2d 334 (1989), DAVIS SUPRA, IS A NEW SUBSTANTIVE RULE?

(2) IF UNITED STATES V. DAVIS, 588 U.S. 139 S.Ct. 2319 (2019) IS A NEW SUBSTANTIVE RULE DOES ITS HOLDING IN COMBINATION WITH WELCH V. UNITED STATES 578 U.S. 136 S.Ct. 1269-65, 1268 COMPEL THE CONCLUSION THAT THE ENUNCIATIONS OF DAVIS SUPRA SHOULD BE APPLIED RETROACTIVELY TO 18 U.S.C.S 924()(3)(B) ISSUES THAT WERE ALREADY ON APPEAL AT THE TIME OF ITS JUNE 24th 2019 RELEASE?

(3) WHERE, IF DETERMINED THAT UNITED STATES V. DAVIS, 588 U.S. 139 S.Ct 2319 (2019) IS A NEW SUBSTANTIVE RULE WHICH MUST BE GIVEN RETROACTIVE EFFECT TO CASES ON COLLATERAL REVIEW, DID THE NINTH CIRCUIT COMMIT CLEAR ERROR AND THUS OFFEND THE PETITIONERS EQUALITY OF LAW BY REFUSING TO APPLY THE NEW RULE AD THIS INSTANT CASE, BEING A FIRST FILED 28 U.S.C.S 2255, IN CONTRADICTION TO THE IDEAL ADMINISTRATION OF JUSTICE?

Question Presented (AI Summary)

Whether the retroactive application of the Supreme Court's decision in United States v. Davis, 588 U.S. ___, 139 S.Ct. 2319 (2019) holding 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague should be applied to the petitioner's case, which was already on appeal at the time of the Davis decision, thus requiring the reversal of his conviction under 18 U.S.C. § 924(c)

Docket Entries

2020-01-13
Petition DENIED.
2020-01-06
Reply of petitioner Alejandro Martinez filed.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-06
Memorandum of respondent United States In Oppositon filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-11-01
Motion to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
2019-09-30
Supplemental brief of petitioner Alejandro Martinez filed.
2019-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Alejandro Martinez
Alejandro Martinez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent