No. 18-7086

Alex Joe Hernandez v. United States

Lower Court: Tenth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act constitutional-retroactivity due-process johnson-ruling johnson-v-united-states judicial-interpretation prior-convictions residual-clause sentencing sentencing-error standing welch-v-united-states
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

When a Johnson 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 his prior convictions fell under at the time of his original sentencing?

Question Presented (OCR Extract)

QUESTION PRESENTED The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States, 136 S. Ct. 1257 (2016). When a Johnson 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 his prior convictions fell under at the time of his original sentencing? i

Docket Entries

2019-02-19
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2018-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)
2018-10-04
Application (18A363) granted by Justice Sotomayor extending the time to file until December 14, 2018.
2018-10-02
Application (18A363) to extend the time to file a petition for a writ of certiorari from October 15, 2018 to December 14, 2018, submitted to Justice Sotomayor.

Attorneys

Alex Joe Hernandez
Meredith EsserOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent