No. 18-9506

Kenyon Raheen Gadsden v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 career-offender constitutional-vagueness criminal-procedure due-process johnson-ruling johnson-v-united-states mandatory-guidelines residual-clause section-2255 sentencing sentencing-guidelines vagueness
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a motion under 28 U.S.C. § 2255 is timely under 28 U.S.C. § 2255(f)(3) when it claims that Johnson v. United States invalidates the residual clause of the career offender provisions of the mandatory United States Sentencing Guidelines

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a motion under 28 U.S.C. § 2255, filed within one year of, Johnson v. United States, 135 S. Ct. 2551 (2015) and claiming that Johnson invalidates the residual clause of the career offender provisions of the mandatory United States Sentencing Guidelines is timely under 28 U.S.C. § 2255(f)(3) because it asserts a right initially recognized in Johnson? 2. Whether, in light of Johnson, the residual clause of the mandatory United States Sentencing Guidelines is unconstitutionally vague? 3. Whether the Fourth Circuit incorrectly denied a certificate of appealability on Petitioner’s claim when he argued that the residual clause of the mandatory career offender guideline was void for vagueness after Johnson. i

Docket Entries

2020-01-13
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).
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-09-18
Rescheduled.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Waiver of right of respondent United States to respond filed.
2019-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)
2019-02-08
Application (18A816) granted by The Chief Justice extending the time to file until April 18, 2019.
2019-02-07
Application (18A816) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to The Chief Justice.

Attorneys

Kenyon Raheen Gadsden
Elbert LinHunton Andrews Kurth LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent