No. 18-6548

Salvatore Leone v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 armed-career-criminal-act collateral-review johnson-ruling johnson-v-united-states residual-clause retroactive-effect retroactivity sentencing sentencing-enhancement successive-habeas-motion welch-v-united-states
Key Terms:
HabeasCorpus Securities
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Are federal courts precluded from granting a federal prisoner's successive 28 U.S.C. § 2255 motion to vacate an illegal sentence based on Johnson where the record is unclear about whether the movant's sentence was enhanced under the now-invalidated residual clause?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Johnson v. United States, 576 U.S. __, 185 S. Ct. 2551 (2015), this Court declared unconstitutionally vague the “residual clause” of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(2)(B)(ii), but it left undisturbed the two remaining “violent felony” definitions in the ACCA. In Welch v. United States, 578 U.S. __, 186 8. Ct. 1257 (2016), this Court held that Johnson’s invalidation of the ACCA’s residual clause was a new, substantive rule of constitutional law that had retroactive effect in cases on collateral review. The question presented is: Are federal courts precluded from granting a federal prisoner’s successive 28 U.S.C. § 2255 motion to vacate an illegal sentence based on Johnson where the record is unclear about whether the movant’s sentence was enhanced under the now-invalidated residual clause? i INTERESTED PARTIES There are no

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent