Alan Wade Johnson v. United States
HabeasCorpus
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 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.