No. 18-9807

Robert Wilson, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2019-06-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2255 acca-enumerated-offense-clause acca-statute criminal-procedure-28-usc-2255 due-process habeas-corpus johnson-relief johnson-v-united-states procedural-default residual-clause sentencing sentencing-court sentencing-guidelines violent-felonies violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a 28 U.S.C. § 2255 petitioner must affirmatively prove sentencing court relied on residual clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW (1) Whether, where the record is unclear, a 28 U.S.C. § 2255 petitioner should be required to “affirmatively prove” that the sentencing court relied on the residual clause to determine that his prior offenses were violent felonies, before he is entitled to pursue a claim for relief under Johnson v. United States, 135 S. Ct. 2551 (2015). (2) Whether a district court may rely on current law to evaluate whether a sentencing judge could have relied on the ACCA’s enumerated offense or elements clauses to determine that a defendant’s prior convictions qualified as violent felonies.

Docket Entries

2020-01-13
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-14
Brief of respondent United States of America in opposition filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including November 14, 2019.
2019-10-08
Motion to extend the time to file a response from October 15, 2019 to November 14, 2019, submitted to The Clerk.
2019-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2019.
2019-09-04
Motion to extend the time to file a response from September 13, 2019 to October 15, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-02
Waiver of right of respondent United States of America to respond filed.
2019-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2019)

Attorneys

Robert Wilson, Jr.
Nova Danielle JanssenFederal Public Defender, Northern & Southern Districts of Iowa, Petitioner
Nova Danielle JanssenFederal Public Defender, Northern & Southern Districts of Iowa, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent