No. 21-5589

Michael Lee Gordon v. United States

Lower Court: Third Circuit
Docketed: 2021-09-08
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation conviction-challenge criminal-procedure due-process federal-review habeas-corpus ineffective-counsel sentencing standing
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. whether the United States District Court or not has jurisdiction to grant Habeas Corpus relief for WNH pursuant to 28 U.S.C. 2241

2. whether or not "aiding and abetting" 18 USC 1561 Hobbs Act robbers pursuant to 18 USC 1951 categorically qualifies as a crime of violence under 18 USC 924 (c) (3) (B) in light of Borden v. US, 593 U.S. - (2021)

3. Whether or not when defendants conviction does not based upon either 18 USC 924 (G) (3) (B) or the residual clause what definition of "violent crime" is "state" and should be interpreted?

4. whether his conviction on aiding and abetting is not making the clarification retroactive to cases

5. whether or not aiding and abetting under 18 USC 1951 is no longer a crime of violence under 18 USC 924 (c) (3) (B) because 924 (c) (3) (B) is Unconstitutionally Vague?

Question Presented (AI Summary)

Whether the United States District Court has jurisdiction to grant relief for a writ of habeas corpus

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-08
Memorandum of respondent United States in Opposition filed.
2021-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Michael Lee Gordon
Michael Lee Gordon — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent