No. 18-5263

Bobby Ree McGee, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-19
Status: Denied
Type: IFP
IFP
Tags: 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
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residual clause and that under current law, he is not an armed career criminal

Question Presented (OCR Extract)

question presented by this case is whether the Eleventh Circuit erroneously denied Mr. McGee a COA on whether he was unconstitutionally sentenced above the statutory maximum for his offense. More specifically, however, the narrow questions presented by this petition are whether reasonable jurists can debate the following issues: qd) Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residual clause and that under current law, he is not an armed career criminal; (2) Whether a Florida conviction for robbery under Fla. Stat. § 812.13 qualifies as a “violent felony” under the ACCA’s elements clause;! and (3) Whether a Florida conviction for resisting with violence under Fla. Stat. § 843.01 qualifies as a “violent felony” under the ACCA’s elements clause. 1 This Court is currently considering the same question in Stokeling v. United States, No. 17-5554 (cert. granted Apr. 2, 2018). i

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-19
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 19, 2018.
2018-08-13
Motion to extend the time to file a response from August 20, 2018 to September 19, 2018, submitted to The Clerk.
2018-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Bobby R. McGee
Conrad Benjamin Kahn Jr.Federal Public Defender, Middle District of Florida, Petitioner
Conrad Benjamin Kahn Jr.Federal Public Defender, Middle District of Florida, Petitioner