No. 21-6748

Jose Luis Wong v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-30
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: certificate-of-appealability circuit-split constitutional-vagueness crime-of-violence criminal-law federal-courts habeas-corpus hobbs-act procedural-default vagueness-doctrine
Latest Conference: 2022-04-01
Question Presented (from Petition)

1. Whether a certificate of appealability is warranted on the question of whether attempted Hobbs Act robbery is a crime of violence, where this Court is at present considering that very question in United States v. Taylor, 141 S. Ct. 2882 (U.S. July 2, 2021) (No. 20-1459).

2. Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant's procedural default may be excused because his constitutional vagueness challenge was "not reasonably available" prior to Johnson v. United States, 576 U.S. 591 (2015).

3. 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 based on the reviewing court's finding that the jury also relied on a valid basis to convict.

Question Presented (AI Summary)

Whether attempted Hobbs Act robbery is a crime of violence

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-02
Memorandum of respondent United States filed.
2022-01-27
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2022.
2022-01-26
Motion to extend the time to file a response from January 31, 2022 to March 2, 2022, submitted to The Clerk.
2021-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 31, 2022)

Attorneys

Jose Luis Wong
Janice L. BergmannFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent