No. 20-6478

Barry Addison Gray v. United States

Lower Court: Ninth Circuit
Docketed: 2020-11-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-U.S.C.-§-2255 career-offender career-offender-sentencing-guideline due-process johnson-ruling Johnson-v-United-States residual-clause section-2255 sentencing-guidelines vagueness
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Are 28 U.S.C. § 2255 motions raising due-process-vagueness challenges to fixed sentences imposed through application of the pre-2005 mandatory career-offender-sentencing-guideline's residual-clause timely when filed within one year of Johnson-v-United-States

Question Presented (OCR Extract)

Questions Presented for Review IL Are 28 U.S.C. § 2255 motions raising due process vagueness challenges to fixed sentences imposed through application of the pre-2005 mandatory career offender Sentencing Guideline’s residual clause timely when filed within one year of Johnson v. United States, 135 8. Ct. 2551 (2015)? Il. Do Tennessee’s 1982 armed robbery or aggravated assault statutes fail to constitute crimes of violence under the force clause of the pre-2005 mandatory career offender Sentencing Guideline? III. Does the federal armed bank robbery statute fail to constitute a crime of violence under the force clause of the pre-2005 mandatory career offender Sentencing Guideline? IV. Does the commentary at U.S.S.G. § 4B1.2 cmt. n.2 (1995), fail to provide an independent basis for a crime of violence finding, should this Court hold the residual clause of the pre-2005 mandatory career offender Sentencing Guideline enhancement void? ii Proceedings and Orders Below 1. United States v. Gray, No. 2:95-cr-00324-JAD, 2018 WL 3058868 (D. Nev. June 20, 2018), denying Gray’s motion to vacate under 28 U.S.C. § 2255, attached as

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-17
Waiver of right of respondent United States of America to respond filed.
2020-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2020)

Attorneys

Barry Gray
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent