No. 18-5939

Gary Michael Allen v. United States

Lower Court: Fourth Circuit
Docketed: 2018-09-11
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 career-offender career-offender-guideline constitutional-vagueness due-process johnson-decision johnson-v-united-states mandatory-career-offender-guideline mandatory-guidelines residual-clause section-2255 timely-filing vagueness
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a motion for relief under 28 U.S.C. § 2255 filed within one year of Johnson v. United States asserts a right recognized in Johnson

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a motion for relief under 28 U.S.C. § 2255 filed within one year of Johnson v. United States, 576 U.S. __, 135 S. Ct. 2551 (2015), and asserting that Johnson invalidates the residual clause of the mandatory career offender guideline asserts a “right . . . initially recognized” in Johnson within the meaning of 28 U.S.C. § 2255(£)(3). 2. Whether, in light of Johnson, the residual clause of the mandatory career offender guideline is unconstitutionally vague.

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-13
Memorandum of respondent United States filed.
2018-10-04
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
2018-10-03
Motion to extend the time to file a response from October 11, 2018 to November 13, 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 October 11, 2018)
2018-06-25
Application (17A1400) granted by The Chief Justice extending the time to file until August 30, 2018.
2018-06-20
Application (17A1400) to extend the time to file a petition for a writ of certiorari from July 1, 2018 to August 30, 2018, submitted to The Chief Justice.

Attorneys

Gary Michael Allen
Emily Deck Harrill — Petitioner
Emily Deck Harrill — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent