No. 19-7131

Eric Hanna v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2244 28-usc-2255 aiding-and-abetting certificate-of-appealability circuit-precedent crime-of-violence due-process hobbs-act-robbery second-or-successive-motion statutory-interpretation
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2020-04-03
Question Presented (AI Summary)

Question not identified

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW I. Whether the Court should grant certiorari, vacate the decision below, and remand (GVR) this case with directions that the Eleventh Circuit grant Petitioner a certificate of appealability (“COA”) because reasonable jurists could debate: (1) whether the Eleventh Circuit’s resolution of open merits issues at the authorization stage of second or successive (“SOS”) § 2255 motions exceeds its statutory authority under 28 U.S.C. § 2244(b)(3); (2) whether the Eleventh Circuit’s treatment of published opinions issued at the SOS authorization stage as “binding precedent” for all future appellate panels, precluding consideration of any new arguments, results in a denial of due process; (3) whether the mode of analysis employed in Jn re Saint Fleur, 824 F.3d 1337 (11th Cir. 2016) is inconsistent with the categorical approach, and has been abrogated by Mathis v. United States, 136 S.Ct. 2243 (2016); (4) whether Hobbs Act robbery under 18 U.S.C. § 1951(b) is categorically a “crime of violence” as defined in 18 U.S.C. § 924(c)(3)(A), if the plain language of § 1951(b) and several circuits’ pattern Hobbs Act robbery instructions indicate the offense may be committed non-violently — by causing fear of purely economic harm to property, which can include intangible rights; and (5) whether aiding and abetting a “crime of violence” is automatically and categorically a “crime of violence”? II. Whether the Eleventh Circuit erred under Miller-El v. Cockrell, 537 U.S. 322, 336-338 (2003) and Buck v. Davis, 137 S.Ct. 759, 773-774 (2017) in denying Petitioner a certificate of appealability based simply upon adverse circuit precedent? i INTERESTED PARTIES There are no

Docket Entries

2020-04-06
Petition DENIED.
2020-03-30
Reply of petitioner Eric Hanna filed. (Distributed)
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-02
Brief of respondent United States of America in opposition filed.
2020-01-22
Motion to extend the time to file a response is granted and the time is extended to and including March 2, 2020.
2020-01-21
Motion to extend the time to file a response from January 30, 2020 to March 2, 2020, submitted to The Clerk.
2019-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)
2019-10-11
Application (19A404) granted by Justice Thomas extending the time to file until December 23, 2019.
2019-10-08
Application (19A404) to extend the time to file a petition for a writ of certiorari from October 24, 2019 to December 23, 2019, submitted to Justice Thomas.

Attorneys

Eric Hanna
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent