No. 19-8190

George Lyle Cullett, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2020-04-06
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 career-offender career-offender-guideline johnson-decision johnson-v-united-states mandatory-guidelines pre-booker-sentencing residual-clause section-2255 timeliness timeliness-standard
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the preBooker career offender guideline, asserts a 'right .. . initially recognized' in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(8)

Question Presented (OCR Extract)

Questions Presented 1. Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the preBooker career offender guideline, asserts a “right .. . initially recognized” in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(8). 2. Whether federal bank robbery under 18 U.S.C. § 2113(a) and (d) be a crime of violence under the elements clause of 18 U.S.C. § 924(c)(8)(A), where the offense fails to require any intentional use, attempted use, or threat of violent physical force? i Statement of

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-03
Memorandum of respondent United Statesin opposition filed.
2020-05-04
Motion to extend the time to file a response is granted and the time is extended to and including June 5, 2020.
2020-05-01
Motion to extend the time to file a response from May 6, 2020 to June 5, 2020, submitted to The Clerk.
2020-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)

Attorneys

George Lyle Cullett, Jr.
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent