No. 18-6599

Horace Vonche Jordan v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act certificate-of-appealability collateral-review criminal-sentencing due-process mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether USSG § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines

Question Presented (OCR Extract)

question presented by this petition is whether the Eleventh Circuit erroneously denied Mr. Jordan a COA on whether his sentence is unconstitutional after Johnson. More specifically, however, this petition presents the narrow questions of whether reasonable jurists can debate the following issues: 1. Whether USSG § 4B1.2(a)(2)’s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines. 2. Whether the invalidation of § 4B1.2(a)(2)’s mandatory residual clause applies retroactively on collateral review. Mr. Jordan is aware of at least four other cases pending before this Court that present similar issues. See Cottman v. United States, No. 17-7563 (filed Jan. 22, 2018); Greer v. United States, No. 17-8775 (filed May 1, 2018); Garrett v. United States, No. 18-5422 (filed Jul. 30, 2018); and Allen v. United States, No. 18-5939 (filed Aug. 20, 2018). PARTIES INVOLVED The parties identified in the caption of this case are the only parties before the Court. ii

Docket Entries

2018-12-10
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).
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-15
Waiver of right of respondent United States to respond filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Horace Jordan
Megan Jean SaillantOffice of the Federal Public Defender for the Northern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent