Question Presented (AI Summary)
When a court of appeals grants authorization to file a successive motion under 28 U.S.C. § 2255(h)(2), does 28 U.S.C. § 2244(b)(4) permit a district court to revisit this § 2255(h)(2) authorization and to dismiss the successive motion as unauthorized?
Question Presented (from Petition)
QUESTIONS PRESENTED I. When a court of appeals grants authorization to file a successive motion under 28 U.S.C. § 2255(h)(2), does 28 U.S.C. § 2244(b)(4) permit a district court to revisit this § 2255(h)(2) authorization and to dismiss the successive motion as unauthorized? II. Whether, for purposes of 28 U.S.C. § 2255(h)(2), the new rule announced in Johnson applies to the identical residual clause in the mandatory guidelines, USSG § 4B1.2(a)(2)? III. Whether the residual clause of the mandatory guidelines, USSG § 4B1.2(a)(2), is void for vagueness? i
2020-01-13
Petition DENIED. Justice Sotomayor, with whom Justice Ginsburg joins, dissenting from the denial of certiorari: I dissent for the reasons set out in Brown v. United States, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-19
Reply of petitioner Raymond Aguilar, et al. filed. (Distributed)
2019-12-06
Brief of respondent United States in opposition filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is further extended to and including December 6, 2019.
2019-10-31
Motion to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 6, 2019.
2019-09-30
Motion to extend the time to file a response from October 7, 2019 to November 6, 2019, submitted to The Clerk.
2019-09-06
Response Requested. (Due October 7, 2019)
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States to respond filed.
2019-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2019)