No. 18-5549

Phillip Anthony Kenner v. United States

Lower Court: Sixth Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
IFP Experienced Counsel
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
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 HolleyOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent