Question Presented (AI Summary)
May a court grant a 28 U.S.C. § 2255 petition challenging a sentence under Johnson when the evidentiary record is silent as to whether the petitioner's original sentence was enhanced pursuant to the ACCA's now-invalidated residual clause, but at the time of the sentencing the relevant case law had consistently relied on the residual clause to find that the predicate conviction qualified?
Question Presented (OCR Extract)
QUESTION PRESENTED I. May a court may grant a 28 U.S.C. § 2255 petition challenging his sentence under Johnson when the evidentiary record is silent as to whether the petitioner’s original sentence was enhanced pursuant to the ACCA’s now-invalidated residual clause, but at the time of the sentencing the relevant case law had consistently relied on the residual clause to find that the predicate conviction qualified? i
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-24
Reply of petitioner Michael Jackson filed.
2019-01-18
Brief of respondent United States in opposition filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is further extended to and including January 18, 2019.
2019-01-03
Motion to extend the time to file a response from January 4, 2019 to January 18, 2019, submitted to The Clerk.
2018-12-26
Second supplemental brief of petitioner Michael Jackson filed.
2018-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 4, 2019.
2018-11-29
Motion to extend the time to file a response from December 5, 2018 to January 4, 2019, submitted to The Clerk.
2018-11-05
Response Requested. (Due December 5, 2018)
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
Supplemental brief of petitioner Michael Jackson filed.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2018)