No. 19-6357

James Alton Turner, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2019-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 acca-interpretation criminal-procedure due-process,criminal-procedure,sentencing,acca,joh elements-clause habeas-relief johnson-retroactivity johnson-v-united-states residual-clause sentencing-court sentencing-guidelines violent-felonies
Latest Conference: 2019-11-22
Question Presented (from Petition)

(1)
Whether, where the record is unclear, a 28 U.S.C. § 2255 petitioner residual clause to determine that his prior offenses were violent felonies, before he is entitled to relief under Johnson v. United States, 135 S. Ct. 2551 (2015).

(2)
Whether a district court may rely on current law to evaluate whether a sentencing judge could have relied on the ACCA's elements clause to determine that a defendant's prior convictions qualified as violent felonies.

Question Presented (AI Summary)

Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove the sentencing court relied on the residual clause

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-31
Waiver of right of respondent United States of America to respond filed.
2019-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2019)

Attorneys

James Turner, Jr.
Nova Danielle JanssenFederal Public Defender, Northern & Southern Districts of Iowa, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent