No. 22-6041

David Williams, III v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 congressional-intent conviction-review eighth-amendment equitable-tolling fifth-amendment government-misconduct section-2255
Latest Conference: 2023-01-06
Question Presented (from Petition)

Whether a defendant's conviction and sentence for nonexistent crimes: (1) violates the Fifth And Eighth Amendments, (2) constitute extraordinary and exceptional circumstances that warrant equitable tolling, and (3) merit correction at any time?

Whether government official misconduct which resulted in a conviction for nonexistent crimes also constitutes extraordinary and exceptional circumstances that warrants equitable tolling under 28 U.S.C. Section 2255 1s time limitations period?

Whether Congress's intent in enacting 28 U.S.C. Section 2255(f)(4) was to provide a ground for tolling of the limitations period, or as defining another triggering date, moving it from the time when the conviction became final to the later date on which the particular claims accrued?

Question Presented (AI Summary)

whether-defendant's-conviction-and-sentence-for-nonexistent-crimes-violates-constitution

Docket Entries

2023-01-09
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
Waiver of right of respondent United States to respond filed.
2022-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2022)

Attorneys

David Williams III
David Williams III — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent