No. 21-7462

John Moses Burton, IV v. United States

Lower Court: Fourth Circuit
Docketed: 2022-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-defense due-process grammatical-interpretation ineffective-assistance ineffective-assistance-of-counsel procedural-constraints statute-of-limitations strickland-vs-washington toussie-vs-united-states word-meanings
Latest Conference: 2022-04-22
Question Presented (from Petition)

With a statute of limitations having a rationale to shield a person from having to defend against prosecution when the ability to mount a defense degraded due to basic facts abscured or lost through the passage of time with accordence with Toussie vs. United States, 397 U.S. 112 (1970); should the same argument apply to these other non-capital offenses that have an exemption because of 18 U.S.C. §3299?

Considering that word meanings matter in accordance with Atlantic-Cleaners-and Dryers vs. United States, 286 U.S. 427 (1932); should the government consider the nuance of the grammatical semantic importance of the boolean conjunctions embedded within the statute 18 U.S.C. §3299 before depriving a defendant from a statute of limitations defense?

Differentiating from Musacchio vs. United States, 577 U.S. 237 (2016), which prohibits introduction of a statute of limitations defense for the first time on direct appeal; should the similar standard apply when omission of a statute of limitations defense was not initiated by the defendant's direction but rather a consequence of Ineffective Assistance of Counsel [28 U.S.C. §2255] aspect of Strickland vs. Washington, 466 U.S. 668 (1984), because introduction did not occur until request of collateral review?

Question Presented (AI Summary)

Question not identified

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-28
Waiver of right of respondent United States to respond filed.
2022-03-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2022)

Attorneys

John Moses Burton, IV
John Moses Burton IV — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent