No. 24-5303

Eric Krieg v. United States

Lower Court: Seventh Circuit
Docketed: 2024-08-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: deficient-performance habeas-corpus judicial-review precedent-ambiguity sentencing-review strickland-standard
Latest Conference: 2024-09-30
Question Presented (from Petition)

1) Could so-called "jurors of reason" disagree with the district
court's conclusion that precedent is made "ambiguous" when a
derivative case is "remanded for reconsideration in light of
Sessions v.Dimaya ", and that "ambiguity" created uncertainty
regarding whether the residual clause was unconstitutional in the
7th Circuit and therefore Counsel did not provide deficient
performance under Strickland?

2) Is a "general sentence", where defendant was not sentenced on
any individual counts, and where 3 of the 4 counts of conviction
have statutory maximums lower than the general sentence,
se illegal and must it be vacated and remanded by thisper
court sua
sponte ?

Question Presented (AI Summary)

Could 'jurors of reason' disagree with the district court's conclusion that precedent is ambiguous when a derivative case is remanded for reconsideration, and that ambiguity created uncertainty regarding deficient counsel performance under Strickland?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-14
Waiver of United States of right to respond submitted.
2024-08-14
Waiver of right of respondent United States to respond filed.
2024-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2024)

Attorneys

Eric Krieg
Eric Krieg — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent