No. 18-7538

Jeffrey Russo v. United States

Lower Court: Eighth Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act collateral-review habeas-corpus johnson-ruling johnson-v-united-states residual-clause sentencing-guidelines statute-of-limitations suspension-clause
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2019-03-01
Question Presented (AI Summary)

Whether the 'right' recognized in Johnson v. United States triggers the statute of limitations under 28 U.S.C. § 2255(f)(3) for a petitioner seeking to collaterally challenge a sentence under the identical residual clause in the pre-Booker career offender Guidelines

Question Presented (OCR Extract)

QUESTION PRESENTED A motion under 28 U.S.C. § 2255 is considered timely if filed within one year of the date on which “the right asserted was initially recognized by the Supreme Court, if that tight has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” 28 U.S.C. § 2255(f) (3). This Petition raises the question of whether the “tight” in Johnson v. United States, which invalidated the residual clause of the Armed Career Criminal Act, triggers this statute of limitations for a petitioner seeking to collaterally challenge a sentence under the identical residual clause in the pre-Booker career offender Guidelines. 1

Docket Entries

2019-03-04
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).
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States of America to respond filed.
2019-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Jeffrey Russo
David R. StickmanOffice of the Federal Public Defender, Petitioner
David R. StickmanOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent