No. 21-5144

Tye Lanford Sarratt v. United States

Lower Court: Fourth Circuit
Docketed: 2021-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 circuit-split collateral-review due-process johnson-claim johnson-v-united-states post-conviction-motion retroactivity sentencing-guidelines statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

Does a post-conviction motion asserting the following claim—that a sentence violates due process under Johnson v. United States, 135 S. Ct. 2551 (2015), because it was dictated by the residual clause of the pre-Booker mandatory Sentencing Guidelines—qualify as a motion that "assert[s]" the "right . . . initially recognized" in Johnson within the meaning of 28 U.S.C. § 2255(f)(3)?

Question Presented (AI Summary)

Does a post-conviction motion asserting a claim that a sentence violates due process under Johnson v. United States because it was dictated by the residual clause of the pre-Booker mandatory Sentencing Guidelines qualify as a motion that 'asserts' the 'right . . . initially recognized' in Johnson within the meaning of 28 U.S.C. § 2255(f)(3)?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent United States to respond filed.
2021-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2021)

Attorneys

Tye Lanford Sarratt
Joshua Brown CarpenterFederal Defenders of Western North Carolina, Inc., Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent