No. 19-5267

Michael St. Hubert v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (6)IFP Experienced Counsel
Tags: 18-usc-924c crime-of-violence criminal-procedure due-process eleventh-circuit first-step-act habeas-corpus pending-on-direct-review preclusion pro-se section-2255 successive-2255-motion successive-motion successive-petitions
Key Terms:
DueProcess HabeasCorpus Jurisdiction
Latest Conference: 2021-01-08 (distributed 6 times)
Question Presented (AI Summary)

Is a criminal defendant's right to Due Process violated by the Eleventh Circuit's rule affording binding force and preclusive effect to a prior panel's published decision denying a pro se petitioner's application for authorization to file a successive § 2255 motion?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is a criminal defendant’s right to Due Process in his direct appeal violated by the Eleventh Circuit’s rule affording binding force and preclusive effect to a prior panel’s published decision denying a pro se petitioner’s application for authorization to file a successive § 2255 motion, which was: based on a mandatory form allowing only bare legal argument; issued under a strict 30-day deadline; and immune from any petition for rehearing or a writ of certiorari? 2. Ifa completed offense is categorically a “crime of violence” within 18 U.S.C. § 924(c)(3)(A)’s elements clause because it has the use or threat of “violent force” as an element, is the attempted commission of that offense automatically and categorically a “crime of violence,” irrespective of whether the substantial step required for conviction is violent, and even if the attempt offense does not require specific intent? 3. Does Congress’ express “Clarification of Section 924(c) of Title 18, United States Code” in Section 403 of the First Step Act apply to a defendant convicted and sentenced prior to the enactment of the Act, but whose sentence has not yet been “imposed” because his case remains “pending” on direct review? i INTERESTED PARTIES There are no

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-06-30
Petition for Rehearing filed.
2020-06-08
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-5267_6j36.pdf'>opinion</a>).
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-26
Rescheduled.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-19
Rescheduled.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-12
Rescheduled.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2019-12-16
Reply of petitioner Michael St. Hubert filed.
2019-12-02
Brief of respondent United States of America in opposition filed.
2019-10-21
Motion to extend the time to file a response is granted and the time is further extended to and including December 2, 2019.
2019-10-21
Motion to extend the time to file a response from October 25, 2019 to December 2, 2019, submitted to The Clerk.
2019-09-25
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-09-23
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
2019-09-20
Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
2019-08-26
Response Requested. (Due September 25, 2019)
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-07-29
Waiver of right of respondent United States of America to respond filed.
2019-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)
2019-05-31
Application (18A1245) granted by Justice Thomas extending the time to file until July 18, 2019.
2019-05-29
Application (18A1245) to extend the time to file a petition for a writ of certiorari from June 17, 2019 to July 18, 2019, submitted to Justice Thomas.

Attorneys

Michael St. Hubert
Brenda Greenberg BrynFederal Public Defender, Petitioner
National Association of Criminal Defense Lawyers
Daniel WardRopes & Gray LLP, Amicus
United States of America
Noel J. FranciscoSolicitor General, Respondent