No. 19-5516

Rayshawn Roshard Robertson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 burden-of-proof constitutional-law constitutional-provision criminal-defendant criminal-procedure criminal-relief federal-procedure retroactive-application retroactive-constitutional-decision section-2255 sentencing sentencing-review statutory-interpretation statutory-maximum
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing his sentence may have been based on an unconstitutional provision and exceeds the statutory maximum under current law

Question Presented (OCR Extract)

QUESTIONS PRESENTED L. Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statutory provision, can satisfy his burden of proof by showing his sentence may have been based on the unconstitutional provision, and his sentence exceeds the statutory maximum under current law. I. Whether a Florida conviction for resisting with violence under Fla. Stat. § 843.01, is a “violent felony” under the ACCA’s elements clause. i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Waiver of right of respondent United States to respond filed.
2019-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

RAYSHAWN ROSHARD ROBERTSON
Conrad Benjamin KahnFederal Public Defender, Middle District of Florida, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent