No. 20-7386

Andrew Chapnick v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-09
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2255 career-offender career-offender-guideline criminal-procedure federal-habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing statutory-interpretation timeliness-provision
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2021-06-10
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 federal bank robbery under 18 U.S.C. §
2113(a) and (d) be a crime of violence under the
elements clause of 18 U.S.C. § 924(c)(8)(A), where
the offense fails to require any intentional use,
attempted use, or threat of violent physical force?

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 pre-Booker career offender guideline, asserts a 'right... initially recognized' in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(8)

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-10
Brief of respondent United States in opposition filed.
2021-04-02
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-04-01
Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
2021-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)

Attorneys

Andrew Chapnick
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent