No. 18-5268

Jeremiah T. Sailor v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-18
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 acca burden-of-proof collateral-review johnson johnson-v-united-states record residual-clause sentencing
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified - and therefore the record is silent on - whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) | Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified — and therefore the record is silent on — whether the petitioner’s original sentence was enhanced pursuant to the ACCA’s now-invalidated residual clause. 2.) | Whether a conviction for robbery qualifies as a “violent felony” under the ACCA’s elements clause where, as in Florida and several other states, the offense may be committed by using a de minimis amount of force. i PARTIES INVOLVED The parties identified in the caption of this case are the only parties before the Court. ii

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Reply of petitioner Jeremiah Sailor filed.
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.
2018-08-10
Motion to extend the time to file a response from August 17, 2018 to September 17, 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 17, 2018)

Attorneys

Jeremiah Sailor
Megan Jean SaillantFederal Public Defender for the Northern District of Florida, Petitioner
Megan Jean SaillantFederal Public Defender for the Northern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent