No. 18-6767

Brent Galbreath v. United States

Lower Court: Tenth Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act constitutional-vagueness due-process error johnson-retroactivity johnson-v-united-states retroactivity sentencing sentencing-error violent-felony violent-felony-definition
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a Johnson v. United States, 135 S.Ct. 2551 (2015), movant can show that his sentence is infected with error under Johnson when the sentencing court did not specify which clause of the Armed Career Criminal Act's violent felony definition a prior conviction fell under at the time of his original sentencing

Question Presented (OCR Extract)

Question Presented for Review Expressed in the Terms and Circumstances of the Case. When a Johnson v. United States, 135 S.Ct. 2551 (2015), movant would not be an armed career criminal if sentenced today, how can he show that his sentence is infected with error under Johnson when the sentencing court did not specify which clause of the Armed Career Criminal Act’s violent felony definition a prior conviction fell under at the time of his original sentencing? 2 (b) List of all

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Brent Galbreath
Kyle Edward WackenheimOffice of the Federal Public Defender for the Western District of Oklahoma, Petitioner
Kyle Edward WackenheimOffice of the Federal Public Defender for the Western District of Oklahoma, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent