No. 18-9368

Antonio Dean Blackstone v. United States

Lower Court: Ninth Circuit
Docketed: 2019-05-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924c 2255-motion criminal-procedure-sentencing due-process johnson-decision johnson-v-united-states ninth-circuit residual-clause section-2255 section-924c timeliness-standard united-states-v-davis vagueness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Whether the residual clause of 18 U.S.C. § 924(c) is unconstitutionally vague

Question Presented (OCR Extract)

Questions Presented 1. Whether this Court should grant, vacate, and remand this case, where Petitioner filed a § 2255 claiming that Johnson v. United States, 135 S. Ct. 2551 (2015), rendered the residual clause of 18 U.S.C. § 924(c) unconstitutionally vague, where the Ninth Circuit denied that claim on timeliness grounds because this Court had not yet applied Johnson to that statute, and where this Court is set to address Johnson’s impact on Section 924(c) this term in United States v. Davis, 18431. 2. Whether a § 2255 motion filed within one year of Johnson, claiming that Johnson invalidates the residual clause of the pre-Booker career offender guideline, asserts a “right .. . initially recognized” in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(3). i

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-28
Waiver of right of respondent United States to respond filed.
2019-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2019)
2019-03-25
Application (18A961) granted by Justice Kagan extending the time to file until May 17, 2019.
2019-03-20
Application (18A961) to extend the time to file a petition for a writ of certiorari from April 17, 2019 to May 17, 2019, submitted to Justice Kagan.

Attorneys

Antonio Dean Blackstone
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent