No. 18-9781
Adam J. Winarske v. United States
Response WaivedIFP
Tags: 28-usc-2255 acca-enhancement armed-career-criminal-act circuit-split criminal-procedure due-process johnson-decision johnson-v-united-states preponderance-of-the-evidence preponderance-standard residual-clause section-2255 statutory-interpretation
Latest Conference:
2019-10-01
Question Presented (from Petition)
Following the Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015), whether 28 U.S.C. § 2255 requires a Johnson petitioner to show by a preponderance of the evidence that the residual clause provided the basis for his Armed Career Criminal Act ("ACCA") enhancement?
Question Presented (AI Summary)
Whether 28 U.S.C. § 2255 requires a Johnson petitioner to show by a preponderance of the evidence that the residual clause provided the basis for his Armed Career Criminal Act (ACCA) enhancement?
Docket Entries
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent United States of America to respond filed.
2019-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)
Attorneys
Adam Winarske
Jason Tupman — Federal Public Defender's Office, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent