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
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)