No. 18-9842

Alpidio Gonzalez v. Ralph Hanson, Warden

Lower Court: Fifth Circuit
Docketed: 2019-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2241 2241-petition 2255 2255-motion habeas-corpus judicial-review mathis-v-united-states prior-conviction saving-clause savings-clause sentence-enhancement
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

How can a person show that a Writ of Habeas Corpus 2241 is the proper way to demonstrate he is entitled relief when the lower courts deny a motion, without going to its merits, or how can a petition get through the 2255 saving clause, when everything is inadequate or inefficient, and still the courts say that I did not demonstrate I can pass the saving clause issue, when I have demonstrated I can use the saving clause of the 2255 to challenge validity of the sentence enhancement in my case. I have gone through every issue to demonstrate I am entitled for the savings clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. How can a person show that a Writ of Habeas Corpus 2241 is the proper way to demostrate he is entitled relief when the lower courts Deny a motion, without going to its merits, or how can a petition get threw the 2255 saving clause, when everything is inadequate or inefficient, and still the courts say that I did , not demostrate i can pass the saving clause issue, when I have demostrated I can use the saving clause of the 2255 to challenge validity of the sentence enhancement in my case. I have gone through every issue to demostrate I am entitled for the savings clause. 2. Having preserved the issue of the prior conviction in which I was enhanced (Texas Prior Conviction for Delivery of Marijuana of 1989) at sentencing, direct appeal and 2255 long before Mathis v. United States 136 S.ct.2243 and Descamps v. United States 133 S.ct. 2276 were ever ruled on, make this case an issue preserved for this Honorable court to review for error?

Docket Entries

2019-10-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Waiver of right of respondent Ralph Hanson, Warden to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Alpidio Gonzalez
Alpidio Gonzalez — Petitioner
Alpidio Gonzalez — Petitioner
Ralph Hanson, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent