No. 23-5913
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
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. Bergmann — Federal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent