No. 19-8548

Shawndell Lee Harrison v. United States

Lower Court: Tenth Circuit
Docketed: 2020-05-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split collateral-review constitutional-law criminal-procedure federal-sentencing habeas-corpus johnson-v-united-states retroactive-rule retroactivity sentencing
Key Terms:
HabeasCorpus
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether a second or successive motion to vacate a federal sentence under 28 U.S.C. § 2255(h)(2) must rely solely on a new and retroactive rule of constitutional law to satisfy the statutory standard

Question Presented (OCR Extract)

QUESTION PRESENTED A second otf successive motion to vacate, set aside, or correct a federal sentence may be filed if it “contain[s] . . . a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 USS.C. § 2255(h)(2). In order to meet this standard, is a movant asserting that his sentence is unconstitutional under Samuel Johnson v. United States, 135 S. Ct. 2551 (2015), required to show that his motion relies so/y on that new and retroactive rule of constitutional law, as the First, Fifth, Sixth, Eighth, Tenth, and Eleventh Circuits have held? Or may he satisfy the standard by showing that the new and retroactive tule of constitutional law provides a potential basis for relief, as the Third, Fourth, and Ninth Circuits have held? i DIRECTLY

Docket Entries

2020-06-22
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-29
Waiver of right of respondent United States to respond filed.
2020-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2020)
2020-03-18
Application (19A1007) granted by Justice Sotomayor extending the time to file until May 21, 2020.
2020-03-10
Application (19A1007) to extend the time to file a petition for a writ of certiorari from March 22, 2020 to May 21, 2020, submitted to Justice Sotomayor.

Attorneys

Shawndell Harrison
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent