No. 21-7276

Julio Rodriguez v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-03-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability circuit-precedent civil-rights criminal-conviction criminal-procedure due-process federal-courts habeas-corpus harmless-error residual-clause standing unconstitutional-vagueness
Key Terms:
HabeasCorpus Securities
Latest Conference: 2022-03-25
Question Presented (from Petition)

1. Whether a certificate of appealability can be issued despite controlling
circuit authority to the contrary.

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

Question Presented (AI Summary)

Whether a certificate of appealability can be issued despite controlling circuit authority to the contrary

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-08
Waiver of right of respondent United States to respond filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2022)

Attorneys

Julio Rodriguez
Janice L. BergmannFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent