No. 20-6290

Orlando Sanchez v. United States

Lower Court: Third Circuit
Docketed: 2020-11-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 armed-career-criminal-act career-offender constitutional-vagueness johnson-v-united-states postconviction-motion residual-clause sentencing-guidelines statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a postconviction motion under 28 U.S.C. § 2255, challenging a sentence imposed under the pre-2005 mandatory version of the Sentencing Guidelines and based on the so-called 'residual clause' of the career-offender provision of the Guidelines, is timely when filed within one year of this Court's ruling in Johnson v. United States

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a postconviction motion under 28 U.S.C. § 2255, challenging a sentence imposed under the pre-2005 mandatory version of the Sentencing Guidelines and based on the so-called “residual clause” of the career-offender provision of the Guidelines, U.S. SENT’G GUIDELINES MANUEL § 4B1.2(a)(2) (U.S. SENT’G COMW’N 1999), is timely when filed within one year of this Court’s ruling in Johnson v. United States, 135 S. Ct. 2551 (2015), which held for the first time that the identically worded “residual clause” of the Armed Career Criminal Act, 18 U.S.C. § 924, is unconstitutionally vague and that defendants cannot be subjected to sentence based on it. i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Waiver of right of respondent United States of America to respond filed.
2020-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Orlando Sanchez
Frederick William UlrichFederal Public Defenders Office, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent