No. 19-7148
Jimmy Lee Boston v. United States
Relisted (5)IFP
Tags: 28-usc-2244 acca acca-elements-clause armed-robbery criminal-law due-process elements-clause habeas-corpus second-or-successive-motion second-successive-motion sentencing statutory-interpretation violent-felony
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2020-06-04
(distributed 5 times)
Question Presented (AI Summary)
Whether a Florida conviction for principal to armed robbery is a 'violent felony' under the ACCA elements clause
Question Presented (OCR Extract)
QUESTIONS PRESENTED This petition presents the following questions: I. Whether, categorically, a Florida conviction for principal to armed robbery, in violation of Fla. Stat. §§ 777.011 and 812.13, is a “violent felony” under the ACCA elements clause, 18 U.S.C. § 924(e)(2)(B)(a). IL. Whether the Eleventh Circuit violated 28 U.S.C. § 2244(b)(3)(c) and the due process clause by deciding open legal questions in applications for leave to file a second or successive § 2255 motion and treating those published orders as binding precedent in other appeals such as this one. i
Docket Entries
2020-06-08
Petition DENIED. Justice Sotomayor, respecting the denial of certiorari: I concur for the reasons set out in <i>St. Hubert</i> v. <i>United States</i>, 590 U. S. ___ (2020) (Statement of Justice Sotomayor respecting the denial of certiorari).
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-26
Rescheduled.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-19
Rescheduled.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-12
Rescheduled.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-07
Rescheduled.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-17
Reply of petitioner Jimmy Lee Boston filed.
2020-03-06
Memorandum of respondent United States filed.
2020-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2020.
2020-01-29
Motion to extend the time to file a response from February 5, 2020 to March 6, 2020, submitted to The Clerk.
2019-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)
Attorneys
Jimmy Lee Boston
Michelle Rachel Yard — Federal Defender Office, Petitioner
Michelle Rachel Yard — Federal Defender Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent