No. 20-7137

Jerald Dean Godwin v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-02-12
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 appellate-review bank-robbery crime-of-violence crimes-of-violence criminal-procedure due-process fundamental-fairness habeas-corpus meaningful-review section-2255
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Does the Eleventh Circuit's practice of applying published panel orders as binding precedent deprive inmates of due process?

Question Presented (OCR Extract)

QUESTION PRESENTED L Does the Eleventh Circuit’s practice of applying published panel orders—issued in the context of an application for leave to file a second or successive 28 U.S.C. § 2255 motion and decided in a truncated time frame without adversarial testing—as binding precedent in a// subsequent appellate and collateral proceedings deprive inmates and criminal defendants of their right to due process, fundamental fairness, and meaningful review of the claims presented in their § 2255 motions and direct appeals? I. The Eleventh Circuit Court of Appeals has held that a predicate conviction for bank robbery under 18 U.S.C. § 2113(a) categorically qualifies as a “crime of violence” for purposes of the elements clause in 18 U.S.C. § 924(c)(3)(A). However, as the history and text of the federal bank robbery statute make clear—and as prosecutions under the statute illustrate—section 2113(a) may be violated: (1) by unintended or otherwise accidental intimidation; or (2) by extortionate threats to economic interests alone. Given these circumstances, can the Eleventh Circuit’s holding be reconciled with this Court’s precedent in Leocal v. Ashcroft, 543 U.S. 1 (2004), Curtis Johnson v. United States, 559 U.S. 133 (2010), and Mathis v. United States, 136 S. Ct. 2243 (2016)? ii

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Memorandum of respondent United States of America filed.
2021-03-10
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-03-09
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Jerald Godwin
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent