No. 19-7148

Jimmy Lee Boston v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-01-06
Status: Denied
Type: IFP
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
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 YardFederal Defender Office, Petitioner
Michelle Rachel YardFederal Defender Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent