No. 20-7792

Ralph Stephen Gambina v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-19
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: career-offender criminal-procedure habeas-corpus johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 statutory-interpretation timeliness timeliness-provision
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-09-27
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 and extortion 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)(3)(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

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-06-21
Memorandum of respondent United States of America filed.
2021-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
2021-05-17
Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
2021-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2021)

Attorneys

Ralph Stephen Gambina
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent