Eddie Ray Wiese, Jr. v. United States
DueProcess HabeasCorpus
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 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.