No. 19-8191

Benjamin Velasquez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-04-06
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (4)IFP Experienced Counsel
Tags: career-offender career-offender-guideline constitutional-vagueness criminal-procedure johnson-decision johnson-v-united-states residual-clause section-2255 sentencing timeliness timeliness-standard
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2021-06-17 (distributed 4 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, in light of Johnson, the residual clause of the mandatory guidelines is unconstitutionally vague. i Statement of

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Reply of petitioner Velasquez, Benjamin filed. (Distributed)
2020-07-29
Brief of respondent United States in opposition filed.
2020-06-23
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2020.
2020-06-22
Motion to extend the time to file a response from July 1, 2020 to July 29, 2020, submitted to The Clerk.
2020-06-01
Response Requested. (Due July 1, 2020)
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-04-27
Rescheduled.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-09
Waiver of right of respondent United States to respond filed.
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

United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Velasquez, Benjamin
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner