johnson-claim
12 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 21-6750 | Claude Jerome Wilson, II v. United States | Eleventh Circuit | 2021-12-30 | Denied | Response WaivedIFP | 28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split constitutional-rule habeas-corpus johnson-claim residual-clause sentencing-enhancement violent-felony | In Johnson v. United States, 576 U.S. 591 (2015), this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two… |
| 21-5144 | Tye Lanford Sarratt v. United States | Fourth Circuit | 2021-07-20 | Denied | Response WaivedIFP | 28-usc-2255 circuit-split collateral-review due-process johnson-claim johnson-v-united-states post-conviction-motion retroactivity sentencing-guidelines statutory-interpretation | Does a post-conviction motion asserting the following claim—that a sentence violates due process under Johnson v. United States, 135 S. Ct. 2551 (2015… |
| 19-8737 | James Steiner v. United States | Eleventh Circuit | 2020-06-17 | Denied | Response WaivedIFP | 18-usc-924(c) aiding-and-abetting crime-of-violence due-process eleventh-circuit fundamental-fairness johnson-claim judicial-review meaningful-review rosemond-claim section-2255 | I. In Rosemond v. United States , this Court held that the government establishes that a defendant aided and abetted a n 18 U.S.C. § 924(c) offense on… |
| 19-8597 | Lewis McKenzie v. United States | Eleventh Circuit | 2020-06-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2255 armed-career-criminal-act burden-of-proof gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | In Johnson v. United States, this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two remaining definition… |
| 19-7178 | Tracy Jarvis Allen v. United States | Fourth Circuit | 2020-01-06 | Denied | Response WaivedIFP | armed-career-criminal-act armed-robbery fourth-circuit fourth-circuit-precedent johnson-claim johnson-v-united-states robbery sentencing-enhancement sixth-amendment south-carolina standard-of-review | Whether oJL not the District Court erred in determining that Petitioner Allen's South Carolina Armed Robbery convictions are valid predicates under th… |
| 18-9343 | Joe Carroll Ziglar v. United States | Eleventh Circuit | 2019-05-20 | Denied | Relisted (2)IFP | armed-career-criminal-act burden-of-proof circuit-split gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony | In Johnson v. United States , this Court invalidated the residual clause of the Armed Career Criminal Act, but left intact the two remaining definitio… |
| 18-9275 | James Troiano v. United States | Ninth Circuit | 2019-05-14 | Denied | Response WaivedIFP | acca-residual-clause advisory-guidelines advisory-sentencing-guidelines armed-career-criminal-act certificate-of-appealability due-process johnson-claim johnson-v-united-states townsend-misinformation townsend-v-burke vagueness void-for-vagueness | Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim aga… |
| 18-7379 | Edward Bruno Garcia v. United States | Eleventh Circuit | 2019-01-11 | Denied | IFP | 28-usc-2255 acca-sentence armed-career-criminal-act burden-of-proof circuit-split johnson-claim johnson-v-united-states residual-clause section-2255 | In Johnson v. United States, 135 S. Ct. 2551 (2015) (Johnson), this Court declared unconstitutional the residual clause of the Armed Career Criminal A… |
| 18-7252 | Eddie Ray Wiese, Jr. v. United States | Fifth Circuit | 2019-01-07 | Denied | IFP | 28-usc-2255 armed-career-criminal-act federal-prisoner fifth-circuit johnson-claim residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion | When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was the only lawful substantive basis to enhance his sentenc… |
| 18-6761 | Tellis T. Williams v. United States | Sixth Circuit | 2018-11-20 | Denied | Response WaivedIFP | advisory-sentencing-guidelines beckles-v-united-states career-offender-enhancement certificate-of-appealability certificate-of-appealability-coa due-process johnson-claim johnson-v-united-states sentencing-guidelines sixth-circuit vagueness-challenge | 1. When a Petitioner seeks a Certificate Of Appealability(COA)i based on whether this Court's decision in Beckles v. United States, 137 S 'Ct. 886, af… |
| 18-5398 | Kenneth Floyd Prutting v. United States | Eleventh Circuit | 2018-07-30 | Denied | IFP | 28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement | In 1993, Mr. Prutting was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 264 mon… |
| 18-5263 | Bobby Ree McGee, Jr. v. United States | Eleventh Circuit | 2018-07-19 | Denied | IFP | 2255-motion armed-career-criminal-act burden-of-proof certificate-of-appealability elements-clause johnson-claim residual-clause samuel-johnson section-2255 statutory-maximum violent-felony | Mr. McGee was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 180 months' impriso… |