No. 18-5692

Melvin Jordan, III v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 armed-career-criminal-act certificate-of-appealability enumerated-clause habeas-corpus johnson-v-united-states residual-clause section-2255 sentencing violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Both the district court and the Eighth Circuit Court of Appeals denied Jordan a certificate of appealability (“COA”), from the denial of his petition under 28 U.S.C. § 2255 (2012). In his § 2255 petition, Jordan challenged his Armed Career Criminal Act (“ACCA”) sentence on the grounds that his prior Iowa burglary convictions no longer qualified as violent felonies in light of Johnson v. United States, 135 S. Ct. 2551 (2015). This petition for writ of certiorari presents the question of whether | | reasonable jurists can debate the following issues: (1) Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA. (2) | Whether a court considering a § 2255 petitioner’s entitlement to relief under Johnson is prohibited from considering current law when deciding whether the petitioner’s prior offenses still qualify as violent felonies under the enumerated clause of the ACCA.

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-22
Memorandum of respondent United States filed.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
2018-09-11
Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Melvin Jordan, III
James Francis WhalenFederal Public Defender's Office, Petitioner
James Francis WhalenFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent