No. 20-6356

Ryan Dennis v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-17
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: acca criminal-law criminal-procedure due-process habeas-corpus physical-force reckless-injury residual-clause sentencing sentencing-guidelines subject-matter-jurisdiction
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether an offense that can be committed by recklessly causing serious injury has 'the use of physical force against the person of another' as an element

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an offense that can be committed by recklessly causing serious injury has “the use of physical force against the person of another” as an element. 2. Whether, after the Court of Appeals grants authorization to file a successive motion to vacate under 28 U.S.C. § 2255(h)(2) and Johnson v. United States, 135 8. Ct. 2551 (2015), the district court loses subject matter jurisdiction over the case if the movant fails to prove, by a preponderance of the evidence, that the sentencing judge subjectively “relied on” the ACCA’s residual clause. i

Docket Entries

2021-03-22
Petition DENIED.
2021-03-12
Reply of petitioner Ryan Dennis filed. (Distributed)
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Memorandum of respondent United States filed.
2021-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2021.
2021-01-12
Motion to extend the time to file a response from January 19, 2021 to February 18, 2021, submitted to The Clerk.
2020-12-28
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2021.
2020-12-08
Motion to extend the time to file a response from December 17, 2020 to January 19, 2021, submitted to The Clerk.
2020-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2020)

Attorneys

Ryan Dennis
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent