No. 20-8342
John Willie Johnson, aka Dewayne Henderson v. United States
Tags: armed-career-criminal-act certificate-of-appealability federal-jurisdiction fifth-circuit-review post-borden post-conviction-relief post-johnson resentencing sentencing-enhancement violent-felony
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2021-10-29
Question Presented (from Petition)
The overall issue is whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability. The underlying issue is whether Mr. Johnson is entitled to resentencing without applying the Armed Career Criminal Act because post-Johnson and post-Borden, he no longer has three prior qualifying "violent felony" convictions that are required to trigger the Armed Career Criminal Act's sentencing provisions.
Question Presented (AI Summary)
Whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability
Docket Entries
2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-17
Memorandum of respondent United States of America filed.
2021-08-19
Motion to extend the time to file a response is granted and the time is further extended to and including September 17, 2021.
2021-08-18
Motion to extend the time to file a response from August 18, 2021 to September 17, 2021, submitted to The Clerk.
2021-07-16
Motion to extend the time to file a response is granted and the time is extended to and including August 18, 2021.
2021-07-15
Motion to extend the time to file a response from July 19, 2021 to August 18, 2021, submitted to The Clerk.
2021-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)
Attorneys
John Willie Johnson
Michael Scott — Petitioner
United States of America
Brian H. Fletcher — Acting Solicitor General, Respondent