No. 18-6952

Ortino Garcia Licon v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 28-usc-2255h2 acca-residual-clause federal-prisoner generic-burglary habeas-corpus historical-fact sentencing-enhancement successive-motion
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Where a federal prisoner demonstrates that ACCA's residual clause was the only lawful substantive basis to enhance his sentence, but fails to show as a historical matter that the sentencing judge was subjectively thinking about ACCA's residual clause, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I Where a federal prisoner demonstrates that ACCA’s residual clause was the only lawful substantive basis to enhance his sentence, but fails to show as a historical matter that the sentencing judge was subjectively thinking about ACCA’s residual clause, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)? I Is Texas burglary of a “habitation” a generic burglary?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Waiver of right of respondent United States to respond filed.
2018-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2019)

Attorneys

Ortino Garcia Licon
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent