No. 19-6643

John Forrest v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 armed-career-criminal-act collateral-review constitutional-law criminal-procedure descamps-v-united-states mathis-v-united-states retroactive-precedent retroactivity sentencing sentencing-correction sentencing-review successive-motion supreme-court
Key Terms:
HabeasCorpus
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Can a successive §2255 motion under Johnson open the door and allow for collateral review of enumerated clause predicates invalidated under Descamps and Mathis

Question Presented (OCR Extract)

QUESTION PRESENTED A successive motion to correct a sentence under 28 U.S.C. §2255(h)(2) must contain a “new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” In Johnson v. United States, 185 S. Ct. 2551 (2015) this Court held that violent felonies under the residual clause of the Armed Career Criminal Act (ACCA) no longer qualify as predicate offenses. That decision was made retroactive to cases on review. See Welch v. United States, 136 S. Ct. 1257 (2016) In addition, certain ACCA enumerated clause violent felonies have also been invalidated and no longer qualify as predicates. Mathis v. United States, 136 S. Ct. 2243 (2016) and Descamps v. United States, 570 U.S. 254 (2013) However, unlike Johnson, Descamps and Mathis are not retroactive and thus, those predicates alone cannot be challenged in a successive §2255 motion. The question is: Can a successive §2255 motion under Johnson open the door and allow for collateral review of enumerated clause predicates invalidated under Descamps and Mathis under the theory that Johnson, as a new rule of constitutional law, makes such collateral review now available?

Docket Entries

2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-22
Waiver of right of respondent United States of America to respond filed.
2019-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2019)

Attorneys

Johnn Forrest
Joseph Leo HowardDornan, Troia, Howard, Breitkreutz & Conway, PC, LLO, Petitioner
Joseph Leo HowardDornan, Troia, Howard, Breitkreutz & Conway, PC, LLO, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent