No. 23-5879

Richard Wayne Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review criminal-procedure due-process federal-jurisdiction jurisdiction jurisdictional-challenge sentencing standing statutory-interpretation subject-matter-jurisdiction
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. In a Federal criminal case, whether a motion pursuant to 18 U.S.C. § 2255(e) is a petition in the Mitigation in the Residual can challenge the subject-matter jurisdiction of the matter?

2. Is the failure of the District Court and Court of Appeals to examine the jurisdiction of the District Court, whether Separate from case law that demonstrates lack of subject-matter jurisdiction (if the Case so requires this Court to hold that such error and correct the error)?

3. Whether affirmative answers to questions one and two, under the totality of the circumstances, demonstrates that equitable estoppel against the Government should be (imposed) and reversal of the conviction (ans)?

Question Presented (AI Summary)

Whether a motion pursuant to 18 U.S.C. § 3582(c) is a part of the mitigation of a defendant's sentence that can challenge the subject-matter jurisdiction of the matter

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-10-30
Waiver of right of respondent United States to respond filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Richard Johnson
Richard Wayne Johnson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent