No. 20-6885

David Alan Vogel v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10th-amendment 2255-appeal 2255-motion 6th-amendment certificate-of-appealability circuit-court-precedent constitutional-grounds sixth-amendment supreme-court-precedent tenth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appealability on a 2255 appeal which questions whether this Supreme Court's precedent coupled with the precedent of other Circuit Courts, would nullify the appellant's conviction based on 10th and 6th Amendment Constitutional Grounds?

Question Presented (OCR Extract)

Question Presented 1. Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appealability on a 2255 appeal which questions whether this Supreme Court's precedent coupled with the precedent of other Circuit Courts, would nullify the appellant's conviction based on 10th and 6th Amendment Constitutional Grounds? 2

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-26
Waiver of right of respondent United States to respond filed.
2020-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

David Alan Vogel
David Alan Vogel — Petitioner
David Alan Vogel — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent