No. 18-5549
Phillip Anthony Kenner v. United States
Tags: 28-usc-2255 circuit-split collateral-review due-process filing-period habeas-corpus habeas-corpus-review johnson-ruling johnson-v-united-states retroactive-application retroactivity section-2255 statute-of-limitations statutory-interpretation supreme-court supreme-court-recognition
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2019-01-04
Question Presented (AI Summary)
Does Section 2255(f)(3) toll the filing period for a defendant asserting that Johnson applies in a similar situation?
Question Presented (OCR Extract)
QUESTION PRESENTED Section 2255(f)(3) of Title 28 of the United States Code tolls the one-year filing period for a § 2255 motion until “the date on which the right asserted was initially recognized by the Supreme Court.” In Johnson, the Supreme Court initially recognized a new right. Does § 2255(f)(3) toll the filing period for a defendant asserting that Johnson applies in a situation similar to that in Johnson, or does it toll the period only for defendants asserting that Johnson applies to a situation exactly like that in Johnson? i
Docket Entries
2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-09
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 November 9, 2018.
2018-09-05
Motion to extend the time to file a response from October 10, 2018 to November 9, 2018, submitted to The Clerk.
2018-08-23
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2018.
2018-08-22
Motion to extend the time to file a response from September 10, 2018 to October 10, 2018, submitted to The Clerk.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)
Attorneys
Phillip Kenner
Michael Clark Holley — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent