No. 18-6608

William Charles O'Neil v. FCC Coleman, Warden

Lower Court: Eleventh Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
IFP
Tags: circuit-split habeas-corpus jurisdictional-issue retroactive-law retroactivity savings-clause section-2241 section-2255 sentencing statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is the Eleventh Circuit's interpretation of 28 U.S.C. § 2255(e) correct?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 1. Is the Eleventh Circuit's interpretation of 28 U.S.C. § 2255(e), or the savings clause correct in McCarthan_v. Director of Goodwill Industries Suncoast, Inc., 851 F.3d. 1076, 1100 (llth Cir. 2017)(en banc)(affirming the dismissal of a § 2241 petition for lack of jurisdiction) where it is in conflict with the 3rd .Circuit Appeals and : the 4th Circuit Appeals Court in that new retroactively applicable rules of statutory law may not be brought under § 2241? . 2. Is the Government allowed to substitute simultaneous single occasion qualifying convictions, for convictions that have been overturned by co the U.S. Supreme Court and the Appeals Court where they were never ; brought up at the initial sentencing? : , 3. Does Florida Statute 843.01, Resisting an Officer with a Threat of , Violence qualify under the ACCA where there is a circuit split between _ the Eleventh and Tenth, where no actual touching is necessary for a conviction? _i —_

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-04
Memorandum of respondent FCC Coleman, Warden filed.
2018-11-30
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
2018-11-29
Motion to extend the time to file a response from December 7, 2018 to January 7, 2019, submitted to The Clerk.
2018-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

FCC Coleman, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
William C. O'Neil
William Charles O'Neil — Petitioner
William Charles O'Neil — Petitioner