No. 18-9217

Kirk Lurton Grummitt, et al. v. United States

Lower Court: Eighth Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act career-offender-guidelines collateral-review criminal-procedure federal-habeas-corpus johnson-decision johnson-v-united-states residual-clause retroactivity sentencing sentencing-guidelines statute-of-limitations
Key Terms:
ERISA HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Whether the 'right' in Johnson, 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?

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 right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” 28 U.S.C. § 2255(f)(8). The question presented is: (1) Whether the “right” in Johnson, 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? ii

Docket Entries

2019-06-10
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).
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent United States of America to respond filed.
2019-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Kirk Grummitt, et al.
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent