No. 18-6281

Terry E. Callins v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act circuit-split collateral-review habeas-corpus mandatory-sentencing-guidelines residual-clause retroactivity sentencing-guidelines supreme-court-retroactivity teague-v-lane timeliness
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-09 (distributed 2 times)
Question Presented (AI Summary)

Whether Mr. Callins filed his § 2255 motion within one year of the date on which the right asserted was initially recognized by the Supreme Court

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW (1) In Johnson v. United States (Johnson IT), 135 S. Ct. 2551 (2015), this Court held unconstitutionally vague the residual clause of the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii). In Welch v. United States, 136 8S. Ct. 1257 (2016), this Court held that Johnson IT announced a new substantive rule of constitutional law retroactively applicable to cases on collateral review. Terry Callins was sentenced as a career offender under the identically worded residual clause of the then-mandatory guidelines, U.S.S.C. § 4B1.2. The Sixth Circuit authorized his second or successive § 2255 motion within one year of Johnson II, asserting that its rule renders his sentence unconstitutional. Did Mr. Callins file his § 2255 motion within one year of “the date on which the right asserted was initially recognized by the Supreme Court,” which “has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review”? 28 U.S.C. § 2255(f)(3). ii

Docket Entries

2018-11-13
Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari: I dissent for the reasons set out in Brown v. United States, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2018-11-05
DISTRIBUTED for Conference of 11/9/2018.
2018-10-30
Rescheduled.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2018)

Attorneys

Terry E. Callins
Andrew Nevil WiseFederal Community Defender Eastern District of Michigan, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent