No. 18-5475

Johnaton Sampson George v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act habeas-corpus habeas-relief habeas-relief-eligibility johnson-v-united-states procedural-eligibility procedural-requirements residual-clause substantive-eligibility substantive-requirements
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether courts should look to the factual record, the law at the time of sentencing, the law as it currently stands, or a combination of these factors to decide whether a petitioner's claim relies on Johnson v. United States, 135 S. Ct. 2551 (2015) such that the petitioner is eligible for relief

Question Presented (OCR Extract)

QUESTION PRESENTED To establish both procedural and substantive eligibility for habeas relief under Johnson v. United States, 135 S. Ct. 2551 (2015), a petitioner must show that a claim relies on the legal holding of Johnson—i.e., that the petitioner’s sentence implicated the “residual clause” of the Armed Career Criminal Act. But the courts of appeals are mired in a six-way split on the issue of how one must show that a claim relied on the residual clause. Thus, the question presented is whether courts should look to (1) the factual record, (2) the law at the time of sentencing, (3) the law as it currently stands, or (4) a combination of these factors to decide whether a petitioner's claim relies on Johnson such that she or he is eligible for relief? prefix

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Reply of petitioner Johnaton Sampson George filed.
2018-10-30
Memorandum of respondent United States filed.
2018-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2018.
2018-10-05
Motion to extend the time to file a response from October 9, 2018 to October 30, 2018, submitted to The Clerk.
2018-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2018.
2018-08-28
Motion to extend the time to file a response from September 6, 2018 to October 9, 2018, submitted to The Clerk.
2018-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)

Attorneys

Johnaton Sampson George
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent