No. 22-6545
Kamil Hakeem Johnson v. R. M. Wolfe, Warden
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction jurisdictional-challenge sentencing-discretion sentencing-options statutory-interpretation
Latest Conference:
2023-02-17
Question Presented (from Petition)
THE DISTRICT COURT WAS WITHOUT JURISDICTION TO IMPOSE A "TERM OF YEARS" SENTENCE WHEN THE STATUTE CONTAINED ONLY TWO SENTENCING OPTIONS, DEATH, OR LIFE IMPRISONMENT WITHOUT POSSIBILITY OF RELEASE
THE WRIT OF HABEAS CORPUS REMAINS THE SOLE AVENUE AVAILABLE FOR CHALLENGING PETITIONER'S ILLEGAL SENTENCE
Question Presented (AI Summary)
Whether the district court had jurisdiction to impose a term-of-years sentence when the statute only provided for death or life imprisonment without possibility of release
Docket Entries
2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-19
Waiver of right of respondent R. M. Wolfe, Warden to respond filed.
2022-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2023)
Attorneys
Kamil Johnson
Kamil Johnson — Petitioner
R. M. Wolfe, Warden
Elizabeth B. Prelogar — Solicitor General, Respondent