No. 18-5147

Edward Nathan Wing v. United States

Lower Court: Tenth Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-924(c) 18-usc-924c 28-usc-2255 crime-of-violence habeas-corpus-review johnson-v-united-states residual-clause retroactivity timeliness
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether Mr. Wing's 28 U.S.C. § 2255 motion challenging the constitutionality of the residual clause of 18 U.S.C. § 924(c) was timely because it was filed within one year of Johnson v. United States, 135 S. Ct. 2551 (2015)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Mr. Wing’s 28 U.S.C. § 2255 motion challenging the constitutionality of the residual clause of 18 U.S.C. § 924(c) was timely because it was filed within one year of Johnson v. United States, 135 S. Ct. 2551 (2015); 2. Whether the offense of aggravated assault on a federal officer, 18 U.S.C. § 111(a) & (b) (2006) is a crime of violence. i

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-13
Brief of respondent United States in opposition filed.
2018-10-04
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
2018-10-03
Motion to extend the time to file a response from October 11, 2018 to November 13, 2018, submitted to The Clerk.
2018-09-11
Response Requested. (Due October 11, 2018)
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Nathan E. Wing
Meredith EsserOffice of the Federal Public Defender, Petitioner
Meredith EsserOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent