No. 18-8703

Alan Wade Johnson v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 armed-career-criminal-act federal-prisoner legal-background procedural-review residual-clause sentencing sentencing-enhancement silent-record successive-habeas-motion successive-motion
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-09
Question Presented (AI Summary)

When a federal prisoner demonstrates that, due to a silent record and the relevant legal background, the sentencing court may have relied on the Armed Career Criminal Act's residual clause to enhance his sentence, 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, due to a silent record and the relevant legal background, the sentencing court may have relied on the Armed Career Criminal Act’s residual clause to enhance his sentence, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255(h)(2)? ii No. __ In the Supreme Court of the United States October Term, 2018 ALAN WADE JOHNSON, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner, Alan Wade Johnson asks that a writ of certiorari issue to review the order entered by the United States Court of Appeals for the Fifth Circuit on November 6, 2018, denying certificate of appealability.

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-18
Waiver of right of respondent United States of America to respond filed.
2019-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2019)

Attorneys

Alan Johnson
Kristin Michelle KimmelmanFederal Public Defender's Office, Petitioner
Kristin Michelle KimmelmanFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent