No. 18-7421

Torrence Allen v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 career-offender career-offender-provision certificate-of-appealability constitutional-vagueness criminal-procedure habeas-corpus johnson-retroactivity johnson-v-united-states mandatory-guidelines mandatory-sentencing-guidelines retroactivity retroactivity-of-supreme-court-decisions sentencing sentencing-guidelines vagueness
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Securities
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether Johnson v. United States applies retroactively to a 28 U.S.C. § 2255 motion

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This petition presents the following questions: I. Whether Johnson v. United States, 185 S. Ct. 2551 (2015), applies retroactively to a 28 U.S.C. § 2255 motion attacking a sentence imposed under mandatory Sentencing Guidelines so that such a 28 U.S.C. § 2255 motion filed within a year of the Johnson decision is timely? I. Whether the residual clause of U.S.S.G. § 4B1.2, the Career Offender Provision, is unconstitutionally vague pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), and thus, whether appellant, Mr. Torrence Allen, is actually innocent of being a career offender, and thus, whether his sentence imposed pursuant to § 4B1.2 under the mandatory Sentencing Guidelines must be vacated? III. Whether the Eleventh Circuit’s rule that reasonable jurists could not debate an issue foreclosed by binding circuit precedent, even where a judge on the panel issuing the binding precedent subsequently states the panel's decision may be erroneous, misapplies the standard articulated by this Court in Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003), and more recently in Buck v. Davis, 137 8. Ct. 759, 773-74 (2017), for determining whether a movant has made the threshold showing necessary to obtain a certificate of appealability (COA)? i INTERESTED PARTIES There are no

Docket Entries

2019-02-19
Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari: I dissent for the reasons set out in Brown v. United States, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Waiver of right of respondent United States to respond filed.
2019-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2019)

Attorneys

Torrence Allen
Bernardo LopezFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent