No. 18-5230
John Parker Murphy v. United States
IFP
Tags: armed-career-criminal armed-career-criminal-act constitutional-error due-process johnson-movant johnson-v-united-states retroactivity sentencing sentencing-error statutory-interpretation welch-v-united-states
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2018-10-26
Question Presented (AI Summary)
Whether a Johnson movant can show sentencing error when he would not be an Armed Career Criminal if sentenced today
Question Presented (OCR Extract)
QUESTION PRESENTED The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States, 136 S. Ct. 1257 (2016). When a Johnson movant would not be an Armed Career Criminal if sentenced today, how can he show that his sentence is infected with constitutional error? i
Docket Entries
2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-17
Memorandum of respondent United States filed.
2018-08-13
Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.
2018-08-13
Motion to extend the time to file a response from August 16, 2018 to September 17, 2018, submitted to The Clerk.
2018-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2018)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent
John P. Murphy
Meredith Esser — Office of the Federal Public Defender, Petitioner
Meredith Esser — Office of the Federal Public Defender, Petitioner