No. 19-8191
Benjamin Velasquez v. United States
Tags: career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-decision johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard
Latest Conference:
2021-06-17
(distributed 4 times)
Question Presented (from Petition)
1. Whether a § 2255 motion filed within one
year of Johnson v. United States, claiming that
Johnson invalidates the residual clause of the pre-
Booker career offender guideline, asserts a "right . . .
initially recognized" in Johnson for timeliness
purposes under 28 U.S.C. § 2255(f)(8).
2. Whether, in light of Johnson, the residual
clause of the mandatory guidelines is
unconstitutionally vague.
Question Presented (AI Summary)
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the preBooker career offender guideline, asserts a 'right .. . initially recognized' in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(8)
Docket Entries
2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Reply of petitioner Velasquez, Benjamin filed. (Distributed)
2020-07-29
Brief of respondent United States in opposition filed.
2020-06-23
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2020.
2020-06-22
Motion to extend the time to file a response from July 1, 2020 to July 29, 2020, submitted to The Clerk.
2020-06-01
Response Requested. (Due July 1, 2020)
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-04-27
Rescheduled.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-09
Waiver of right of respondent United States to respond filed.
2020-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)
Attorneys
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Velasquez, Benjamin
Brianna Fuller Mircheff — Office of the Federal Public Defender, Petitioner