No. 18-7426

Terry Lamell Ezell v. United States

Lower Court: Ninth Circuit
Docketed: 2019-01-16
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 aedpa armed-career-criminal-act burden-of-proof collateral-review constitutional-vagueness johnson-retroactivity johnson-v-united-states procedural-burden retroactivity sentencing-enhancement welch-v-united-states
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Where the sentencing record is silent or unclear on which ACCA clause the court relied, do individuals asserting a Johnson claim bear the burden to prove the court relied solely on the residual clause?

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented in this case is as follows: Where (1) the sentencing record is silent or does not clearly establish if the district court relied on the Armed Career Criminal Act’s residual clause, which the Supreme Court in Johnson v. United States, 135 S. Ct. 2551 (2015), found to be constitutionally infirm on vagueness grounds, (2) the Supreme Court in Welch v. United States, 136 S. Ct. 1257 (2016), determined to make Johnson retroactive to cases on collateral review, and (3) prior to Johnson district courts imposing sentences routinely did not specify on which clause or clauses of the Armed Career Criminal Act (ACCA) they relied because they were not legally required to do so, do individuals asserting a claim under Johnson in either an initial or successive motion to vacate sentence under 28 U.S.C. § 2255 bear the burden to prove as a matter of historical fact that it is more probable than not that the sentencing court relied solely on the residual clause, or are the procedural and substantive requirements for review and relief met under 28 U.S.C. § 2255(a), 28 U.S.C. § 2255(h)(2), and 28 U.S.C. § 2244(b)(2)(A), if the ACCA enhancement may have been predicated on the ACCA’s constitutionally infirm residual clause?

Docket Entries

2019-04-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-26
Reply of petitioner Terry Lamell Ezell filed.
2019-03-18
Memorandum of respondent United States filed.
2019-02-07
Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019.
2019-02-06
Motion to extend the time to file a response from February 15, 2019 to March 18, 2019, submitted to The Clerk.
2019-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)

Attorneys

Terry Lamell Ezell
Jonathan Stuart SolovyLaw Office of Jonathan S. Solovy, PLLC, Petitioner
Jonathan Stuart SolovyLaw Office of Jonathan S. Solovy, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent