No. 20-8342

John Willie Johnson, aka Dewayne Henderson v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-17
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: armed-career-criminal-act certificate-of-appealability federal-jurisdiction fifth-circuit-review post-borden post-conviction-relief post-johnson resentencing sentencing-enhancement violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW The overall issue is whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability. The underlying issue is whether Mr. Johnson is entitled to resentencing without applying the Armed Career Criminal Act because post-Johnson and post-Borden, he no longer has three prior qualifying “violent felony” convictions that are required to trigger the Armed Career Criminal Act’s sentencing provisions. i

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-17
Memorandum of respondent United States of America filed.
2021-08-19
Motion to extend the time to file a response is granted and the time is further extended to and including September 17, 2021.
2021-08-18
Motion to extend the time to file a response from August 18, 2021 to September 17, 2021, submitted to The Clerk.
2021-07-16
Motion to extend the time to file a response is granted and the time is extended to and including August 18, 2021.
2021-07-15
Motion to extend the time to file a response from July 19, 2021 to August 18, 2021, submitted to The Clerk.
2021-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)

Attorneys

John Willie Johnson
Michael Scott — Petitioner
Michael Scott — Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent