No. 18-7252

Eddie Ray Wiese, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2255 armed-career-criminal-act federal-prisoner fifth-circuit johnson-claim residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-15
Question Presented (AI Summary)

When a federal prisoner demonstrates that the Armed Career Criminal Act'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 relied on the 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)

QUESTION PRESENTED FOR REVIEW When a federal prisoner demonstrates that the Armed Career Criminal Act’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 relied on the residual clause, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)? No. ___ In the Supreme Court of the United States EDDIE RAY WIESE, JR., PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT. PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner, Eddie Ray Wiese, Jr. asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on July 23, 2018.

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-06
Memorandum of respondent United States of America filed.
2018-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Eddie Ray Wiese, Jr.
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
Bradford Wayne BoganFederal Public Defender for the Western District o, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent