No. 23-5913

Julio Rolon v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-10-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 certificate-of-appealability circuit-precedent circuit-split constitutional-vagueness habeas-corpus johnson-precedent johnson-v-united-states procedural-default vagueness-challenge
Key Terms:
HabeasCorpus Securities Patent
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. Whether reasonable jurists could debate whether controlling circuit
precedent precludes issuance of a certificate of appealability in a 28 U.S.C. § 2255
proceeding.

2. Whether a movant's procedural default may be excused because his
constitutional vagueness challenge was "not reasonably available" prior to Johnson
v. United States, 576 U.S. 591 (2015).

3. Whether a general verdict that was obtained in reliance on the
unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(8)(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 reasonable jurists could debate whether controlling circuit precedent precludes issuance of a certificate of appealability

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.
2023-11-02
Waiver of right of respondent United States to respond filed.
2023-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2023)

Attorneys

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