No. 19-6884

Glen B. Clay, aka Glenn B. Clay v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 armed-career-criminal-act district-court-review due-process johnson-v-united-states procedural-default residual-clause sentencing sentencing-enhancement standard-of-proof successive-motion
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the court of appeals erred in affirming the district court's decision that it could not consider on the merits Mr. Clay's successive motion based upon Johnson v. United States, 135 S. Ct. 2551 (2015)

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the court of appeals erred in affirming the district court’s decision that it could not consider on the merits Mr. Clay’s successive motion based upon Johnson v. United States, 135 S. Ct. 2551 (2015), because Mr. Clay was unable to demonstrate on a silent record that it was more likely than not that he had been sentenced under the residual clause of the Armed Career Criminal Act of 1984, 18 U.S.C. § 924(e). (i)

Docket Entries

2020-01-13
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-17
Waiver of right of respondent United States to respond filed.
2019-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2020)
2019-09-20
Application (19A326) granted by Justice Alito extending the time to file until December 5, 2019.
2019-09-19
Application (19A326) to extend the time to file a petition for a writ of certiorari from October 6, 2019 to December 5, 2019, submitted to Justice Alito.

Attorneys

Glen Clay
Jeffrey T. GreenSidley Austin, Petitioner
Jeffrey T. GreenSidley Austin, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent