No. 23-7649

Rodolfo Ortiz v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-06-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 certificate-of-appealability circuit-precedent constitutional-vagueness habeas-corpus harmless-error johnson-precedent johnson-v-united-states procedural-default section-2255 vagueness-challenge
Key Terms:
HabeasCorpus Securities Patent
Latest Conference: 2024-09-30
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

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States to respond filed.
2024-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2024)

Attorneys

Rodolfo Ortiz
Janice L. BergmannFederal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Respondent