No. 19-5883

Richard Johnson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether this Court Should Clarify the Quantum Necessary for a Finding of a 'Substantial Preliminary Showing' That Entitles Defendants to a Hearing in Which They Can Challenge the Veracity of a Search Warrant Pursuant to Franks v. Delaware

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a “Substantial Preliminary Showing” That Entitles Defendants to a Hearing in Which They Can Challenge the Veracity of a Search Warrant Pursuant to Franks v. Delaware, 4388 U.S. 154, 98 S.Ct. 2674 (1978). Tl. Whether the Eleventh Circuit Misapplied Gall v. United States, 552 U.S. 38, 128 S.Ct. 586 (2007), by Finding Petitioner’s Sentence to Be Substantively Reasonable When it Constituted a Substantial Upward Variance Without Proper Justification. i . | INTERESTED PARTIES ; | There are no

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-20
Waiver of right of respondent United States of America to respond filed.
2019-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2019)
2019-06-25
Application (18A1355) granted by Justice Thomas extending the time to file until September 6, 2019.
2019-06-20
Application (18A1355) to extend the time to file a petition for a writ of certiorari from July 8, 2019 to September 6, 2019, submitted to Justice Thomas.

Attorneys

Richard Johnson
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent