No. 21-5967

Zenon Grzegorczyk v. United States

Lower Court: Seventh Circuit
Docketed: 2021-10-15
Status: Denied
Type: IFP
Relisted (11)IFP
Tags: collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-29 (distributed 11 times)
Question Presented (AI Summary)

Does an unconditional guilty plea waive a defendant's right to challenge his conviction under 18 U.S.C. § 924(c) on the grounds that Davis rendered it unconstitutional?

Question Presented (from Petition)

QUESTION PRESENTED In 2018, this Court held that an unconditional guilty plea does not prevent a criminal defendant from challenging the constitutionality of their conviction. Class v. United States, 138 S. Ct. 798 (2018). In 2019, it held that part of the definition of “crime of violence” was unconstitutionally vague and, therefore, void. United States v. Davis, 139 S. Ct. 2319 (2019). Davis narrowed the scope of predicate offenses upon that can support a conviction under 18 U.S.C. § 924(c). As a new constitutional rule that changes the substantive reach of law, Davis applies retroactively to cases on collateral review. See, e.g., Welch v. United States, 136 8. Ct. 1257 (2016). Zenon Grzegorczyk pleaded guilty to violating § 924(c) in 2014, well before Davis was decided. Nevertheless, the Seventh Circuit held that he could not challenge the constitutionality of his conviction on collateral attack because he had waived any such challenge through his unconditional guilty plea. The question presented is: Pursuant to this Court’s holding in Class, does an unconditional guilty plea, by itself, waive a defendant’s right to challenge his conviction under § 924(c) on the grounds that Davis rendered it unconstitutional?

Docket Entries

2022-06-30
Petition DENIED. Statement of Justice Kavanaugh, with whom The Chief Justice, Justice Thomas, Justice Alito, and Justice Barrett join, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-5967_1bn2.pdf'>Opinion</a>) Justice Sotomayor, with whom Justice Breyer, Justice Kagan, and Justice Gorsuch join, dissenting from the denial of a grant, vacate, and remand order. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21-5967_1bn2.pdf#page=3'>Opinion</a>)
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2022-05-16
DISTRIBUTED for Conference of 5/19/2022.
2022-05-09
DISTRIBUTED for Conference of 5/12/2022.
2022-04-25
DISTRIBUTED for Conference of 4/29/2022.
2022-04-18
DISTRIBUTED for Conference of 4/22/2022.
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-03-11
Brief of respondent United States filed.
2022-02-08
Motion to extend the time to file a response is granted and the time is further extended to and including March 11, 2022.
2022-02-07
Motion to extend the time to file a response from February 11, 2022 to March 11, 2022, submitted to The Clerk.
2022-01-04
Motion to extend the time to file a response is granted and the time is further extended to and including February 11, 2022.
2022-01-03
Motion to extend the time to file a response from January 14, 2022 to February 11, 2022, submitted to The Clerk.
2021-12-02
Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2022.
2021-12-01
Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
2021-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2021.
2021-11-09
Motion to extend the time to file a response from November 15, 2021 to December 15, 2021, submitted to The Clerk.
2021-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Zenon Grzegorczyk
Colleen McNichols RamaisOffice of the Federal Public Defender, Petitioner
Colleen McNichols RamaisOffice of the Federal Public Defender, Petitioner