No. 18-9064

Adonijah Lindsay v. United States

Lower Court: Third Circuit
Docketed: 2019-05-01
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: §-2255-motion §-924(c)-conviction 18-usc-924c 18-usc-924c3b certificate-of-appealability supreme-court-rule-10 third-circuit vagueness writ-of-certiorari
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Does the Supreme Court's grant of writ of certiorari on the same question of law establish a per se ground for obtaining a certificate of appealability?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question 1 This Court provides that a certificate of appealability should issue whenever jurists of reason would find a district court's resolution of the § 2255 motion debatable. Adonijah Lindsay's challenges the validity of his 18 U.S.C. § 924(c) conviction. The Third Circuit identified that this Court granted certiorari on the same issue. Yet, the Third Circuit did not grant a certificate of appealability. Implicitly, finding that a grant of certiorari was ‘ insufficient to show that reasonable jurists could conclude that an issue . deserves encouragement to proceed further. Fut differently, despite this Court's Rule 10 that provides this Court primarily resolves conflicts in the law or questions of substantial importance, the Third Circuit does not find the question COA-worthy. Does the Supreme Court's grant of writ of certiorari on the same question of law establish a per se ground for obtaining a certificate of appealability? Question 2 In Dimaya v. Sessions, 138 S.Ct. 1204 (2018), this Court extended the vagueness rule announced in Johnson v. United States, 135 S.Ct. 2551 (2015) to statutes other than 18 U.S.C. § 924(e). Title 18 U.S.C. § 924(c) contains substantively identical language to that declared unconstitutional in Dimaya. The language contains multiple-layers of uncertainty, thus, like 18 U.S.C. §§ 16(b) and 924(e)(2), the twin text is unconstitutionally vague. Is the text of 924(c)(3)(B) unconstitutionally vague?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-09-04
Reply of petitioner Adonijah Lindsay filed. (Distributed)
2019-08-21
Brief of respondent United States in opposition filed.
2019-07-10
Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2019.
2019-07-09
Motion to extend the time to file a response from July 22, 2019 to August 21, 2019, submitted to The Clerk.
2019-06-13
Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2019.
2019-06-12
Motion to extend the time to file a response from June 20, 2019 to July 22, 2019, submitted to The Clerk.
2019-05-21
Response Requested. (Due June 20, 2019)
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent United States to respond filed.
2019-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)

Attorneys

Adonijah Lindsay
Adonijah Lindsay — Petitioner
Adonijah Lindsay — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent