No. 18-9197

Earl Moore v. Stephen Kallis, Warden

Lower Court: Fourth Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender crime-of-violence descamps-v-united-states due-process due-process-clause mathis-retroactivity mathis-v-united-states retroactivity saving-clause section-2241 stash-house-robbery statutory-interpretation taylor-v-united-states
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Whether Mathis v. United States represents a substantive change in law and should be applied retroactively in a § 2241 petition

Question Presented (OCR Extract)

Question Presented Earl Moore Found himself in the sights of what has become known as a sting operation. That ; is, Moore was sitting at home in great need of resources to pay his bills when a controlled © call came in requesting that he join in a stash-house robbery. Unbeknowst to Moore this . was no crime to be had, but only a fabracated offense specifically designed to capture innocent individuals in dire straits. Such a crime includes a large quantity of drugs, and most always the confidential source requests the defendant to bring a gun. Moore fell for the scheme and was arrested and oe : proceeded to trial where he was convicted, and because he was a designated as a career offender : his sentence landed in the range of 360 to life. The Court without hesitation sentence Moore To 30-years in prison as a career offender. Following > : thei Court decision in Mathis v. United States, . and after his direct appeal, and § 2255, Moore .: _ sought relief under § 2241 on the basis that his : Pennsylvania resisting arrest is not longer a crime of violence. The § 2241 court determined Oo that Mathis did not represent a "change" and ¥ therefore Moore could not satisfy the second prong ok of the test in United STates v. Wheeler. The _ : question is whether Mathis is a substantive change and therefore whether the Court of Appeals erred : in dismissing his § 2241? . -~i ' No. . In The : Supreme Court of United States . Earl Moore, . Petitioner, : Vv. United States of America, ; Respondent. To the Chief Justice and Associate Justices of Supreme Court: ; Earl Moore ("Moore"), moves thisd Court for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit, and in support states: Opinions Below . : The Magistrate's report and recommendation and order adopting that _ report dated August 8, 2018, is attached with the Court of appeals affirmance and denial of rehearing at Exhibit-A i \*. Jurisdiction , . This Court has. jurisdiction under 28 U.S.C. §1254(1). Constitutional and Statutory Provisions Involved : ‘The Fifth Amendment's Due Process Clause ; :

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Stephen Kallis, Warden to respond filed.
2019-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Earl Moore
Earl Moore — Petitioner
Earl Moore — Petitioner
Stephen Kallis, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent