No. 18-1276

Andrew Levert v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-08
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 28-usc-2255 appellate-court-split constitutional-law criminal-defendant district-court-judgment due-process federal-criminal-procedure federal-statutory-provision habeas-corpus record-silent retroactive-constitutional-decision retroactivity second-or-successive-2255-motion second-successive-motion statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11 (distributed 3 times)
Question Presented (AI Summary)

Whether a criminal defendant pursuing a second or successive motion under 28 U.S.C. § 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, where the record is silent as to whether the district court based its original judgment on that provision or another provision of the same statute

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, or under what circumstances, a criminal defendant pursuing a second or successive motion under 28 U.S.C. § 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, where the record is silent as to whether the district court based its original judgment on that provision or another provision of the same statute.

Docket Entries

2019-10-15
Petition DENIED.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-24
Reply of petitioner Andrew Levert filed. (Distributed)
2019-07-05
Brief of respondent United States in opposition filed.
2019-05-31
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2019.
2019-05-29
Motion to extend the time to file a response from June 5, 2019 to July 5, 2019, submitted to The Clerk.
2019-05-06
Response Requested. (Due June 5, 2019)
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-18
Waiver of right of respondent United States to respond filed.
2019-04-05
Petition for a writ of certiorari filed. (Response due May 8, 2019)

Attorneys

Andrew Levert
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
Jeffrey L. FisherO'Melveny & Myers LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent