No. 20-5030

Jimmy Lee Franklin v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 acca-provision acca-sentence burden-of-proof constitutional-challenge criminal-defendant federal-statutory-enhancement-provision retroactive-constitutional-decision section-2255 sentencing-relief statutory-enhancement
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-11 (distributed 2 times)
Question Presented (AI Summary)

Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 can satisfy his burden of proof by showing that his sentence may have been based on an unconstitutional provision and exceeds the statutory maximum under current law

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a criminal defendant moving for relief under 28 U.S.C. § 2255, based on a retroactive constitutional decision invalidating a federal statutory enhancement provision, can satisfy his burden of proof by showing that his sentence may have been based on the unconstitutional provision, and his sentence exceeds the statutory maximum under current law. i INTERESTED PARTIES There are no

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-10-22
Reply of petitioner Jimmy Lee Franklin filed.
2020-10-09
Brief of respondent United States of America in opposition filed.
2020-09-01
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020.
2020-08-31
Motion to extend the time to file a response from September 2, 2020 to October 9, 2020, submitted to The Clerk.
2020-08-03
Response Requested. (Due September 2, 2020)
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-16
Waiver of right of respondent United States of America to respond filed.
2020-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2020)

Attorneys

Jimmy Lee Franklin
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent