No. 21-6585
Freddy Crespo v. United States
Tags: buck-v-davis certificate-of-appealability circuit-split criminal-procedure due-process eleventh-circuit habeas-corpus miller-el-v-cockrell supreme-court-precedent
Latest Conference:
2022-01-07
Question Presented (from Petition)
1. Whether the Eleventh Circuit's rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2003), and Buck v. Davis, 580 U.S. —, 137 S. Ct. 759 (2017), as well as decisions of the Third, Sixth, and Ninth Circuits holding that a split in the circuits warrants a COA.
2. Whether a general verdict that was obtained in reliance on the unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(3)(B) may be sustained convict.
Question Presented (AI Summary)
Whether the Eleventh Circuit's rule on certificates of appealability conflicts with Supreme Court precedent
Docket Entries
2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States to respond filed.
2021-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2022)
Attorneys
Freddy Crespo
Janice L. Bergmann — Federal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent