No. 23-6065
Tyrone Kevin Smith v. United States
Tags: 18-usc-924(c) 18-usc-924(o) actual-innocence circuit-split criminal-procedure hobbs-act jurisdiction post-conviction post-conviction-relief section-2255 statutory-interpretation
Latest Conference:
2024-01-05
Question Presented (from Petition)
(1) Whether the Eleventh Circuit's wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § 2255 movants seeking vacatur of §§ 924(c) and (0) convictions with no viable predicate—which created a stark circuit split— requires this Court's intervention.
Question Presented (AI Summary)
Whether the Eleventh Circuit's wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § 2255 movants seeking vacatur of §§ 924(c) and (0) convictions with no viable predicate—which created a stark circuit split—requires this Court's intervention
Docket Entries
2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2023)
Attorneys
Tyrone Kevin Smith
Anshu Suresh Budhrani — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent