No. 19-35

Brandon Lee Mojica v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: circuit-review criminal-procedure due-process evidentiary-hearing federal-statute habeas-corpus heightened-pleading post-conviction-relief sentencing standard-of-proof united-states-v-davis
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis

Question Presented (from Petition)

QUESTION PRESENTED 1. Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration in light of United States v. Davis, 2019 WL 2570623 (2019). 2. Does a defendant have to plead at a heightened standard and prove his allegations before being granted an evidentiary hearing under 28 U.S.C. § 2255.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-11-22
Brief of respondent United States in opposition filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is further extended to and including November 22, 2019.
2019-10-16
Motion to extend the time to file a response from October 23, 2019 to November 22, 2019, submitted to The Clerk.
2019-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
2019-09-18
Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
2019-08-23
Response Requested. (Due September 23, 2019)
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent United States to respond filed.
2019-07-02
Petition for a writ of certiorari filed. (Response due August 2, 2019)

Attorneys

Brandon Lee Mojica
Zachary Lee NewlandBrandon Sample, PLC, Petitioner
Zachary Lee NewlandBrandon Sample, PLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent