No. 18-5422

Dedrick T. Garrett v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-01
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: career-offender circuit-split collateral-review constitutional-law mandatory-guidelines pre-booker retroactivity sentencing sentencing-guidelines sentencing-guidelines-vagueness vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines

Question Presented (OCR Extract)

question presented by this petition is whether the Eleventh Circuit erroneously denied Mr. Garrett a COA on whether his sentence is unconstitutional after Samuel Johnson. More specifically, however, this petition presents the narrow questions of whether reasonable jurists can debate the following issues: 1. Whether U.S.S.G. § 4B1.2(a)(2)’s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines. 2. Whether the invalidation of § 4B1.2(a)(2)’s mandatory residual clause applies retroactively on collateral review. ii

Docket Entries

2018-12-03
Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari: I dissent for the reasons set out in Brown v. United States, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Memorandum of respondent United States filed.
2018-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.
2018-09-05
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
2018-08-13
Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2018.
2018-08-13
Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk.
2018-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2018)

Attorneys

Dedrick Garrett
Conrad Benjamin KahnFederal Public Defender, Middle District of Florida, Petitioner
Conrad Benjamin KahnFederal Public Defender, Middle District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent