No. 19-6661

Jean Bernier, aka Charles Watson v. United States

Lower Court: Second Circuit
Docketed: 2019-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: congressional-encroachment congressional-intent general-savings-clause habeas-corpus judicial-interpretation judicial-powers mandate-recall sentencing-enhancement separation-of-powers statutory-clarification statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Is the principle of separation-of-powers, which prohibits judicial encroachment on the exclusive power of Congress to make laws, violated, when a court of appeals denies a motion to recall the mandate for a decision that: interpreted an enhancing statute that is subsequently explicitly abrogated by a 'clarification' of that enhancing statute by Congress and that clarification is the exact same interpretation of the enhancing statute put forward by petitioner on direct appeal and rejected by the court of appeals, resulting in petitioner having to serve an additional fifteen additional years in prison not prescribed in the law passed by Congress?

Question Presented (OCR Extract)

QUESTIONS PRESENTED At IS THE PRINCIPLE OF , .WHICH PROHIBITS WDUDECGIAL ENCROACHMENT ON THE EXCLUSIVE POWER OF CONGRESS TO MAKE LAWS, VIOLATED, WHEN A COURT OF APPEALS DENIES A MOTION TO RECALL THE MANDATE FOR A DECISION THAT: INTERPRETED AN ENHANCING STATUTE THAT IS SUBSEQUENTLY EXPLICITLY ABROGATED BY A "CLARIFICATION" OF THAT ENHANCING STATUTE BY CONGRESS AND THAT CLARIFICATION IS THE EXACT SAME INTERPRETATION OF THE ENHANCING STATUTE PUT FORWARD BY PETITIONER ON DIRECT APPEAL AND REJECTED BY THE COURT OF APPEALS, RESULTING IN PETITIONER HAVING TO SERVE AN ADDITIONAL FIFTEEN ADDITIONAL YEARS IN PRISON NOT PRESCRIBED IN THE LAW PASSED BY CONGRESS? Be . ZLN IS THE PRINCIPLE OF WHICH PROHIBITS CONGRESSIONAL ENCROACHMENT ON JUDICIAL POWERS, VIOLATED IF THE LAWS CODEFLIED IN 28 U.S.C. §§ 2244¢€a), 2255(h), COVERING THE PROVISIONS FOR FILING A SECOND AND SUCCESSIVE HABEAS CORPUS PETITIONs OR THE GENERAL SAVINGS CLAUSE, 1 U.S.C. § 109;.ISsUSEB TO ESTOP A COURT FROM EXERCISING ITS INHERENT POWER TO RECALL A MANDATE IN THE CIRCUMSTANCE DESCRIBED IN QUESTION A, ABOVE. 5 % | LIST OF .PARTIES | All parties appear in the caption of the case on the cover page.

Docket Entries

2020-01-13
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-26
Waiver of right of respondent United States to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2019)
2019-09-17
Application (19A300) granted by Justice Ginsburg extending the time to file until November 23, 2019.
2019-09-04
Application (19A300) to extend the time to file a petition for a writ of certiorari from September 24, 2019 to November 23, 2019, submitted to Justice Ginsburg.

Attorneys

Jean Bernier
Jean Bernier — Petitioner
Jean Bernier — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent