No. 20-7091

Ray Anthony Chaney v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act johnson-decision johnson-v-united-states jurisdictional-challenge residual-clause section-2255 sentencing sentencing-review violent-felony
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether Mr. Chaney should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The overall issue is whether, under law set forth in Johnson, Mr. Chaney should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act (hereinafter “ACCA”). This overall issue is divided into the following two sub-issues: 1) Whether the district court erred by finding that it lacked jurisdiction to consider Mr. Chaney’s claims because the ACCA’s residual clause did not come into play at his sentencing hearing; and 2) Whether Mr. Chaney’s prior felony convictions are “violent felonies” post-Johnson. ii

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2021-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2021)

Attorneys

Ray Anthony Chaney
Michael Scott — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent