No. 21-6171

Carlos Granda v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-11-03
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 18-usc-924c3b circuit-split constitutional-vagueness criminal-procedure harmless-error harmless-error-review johnson-precedent johnson-v-united-states procedural-default
Key Terms:
DueProcess HabeasCorpus Patent JusticiabilityDoctri
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant's procedural default may be excused because his constitutional vagueness challenge was 'not reasonably available' prior to Johnson v. United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court should resolve the three-way circuit split regarding whether, and under what circumstances, a movant’s procedural default may be excused because his constitutional vagueness challenge was “not reasonably available” prior to Johnson v. United States, 576 U.S. 591 (2015). 2. Whether a general verdict that was obtained in reliance on the unconstitutionally vague residual clause in 18 U.S.C. § 924(c)(3)(B), may be sustained based on the reviewing court’s finding that the jury also relied on a valid basis to convict. i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)(@), Mr. Granda submits that there are no

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-17
Reply of petitioner Carlos Granda filed. (Distributed)
2022-02-02
Brief of respondent United States in opposition filed.
2021-12-16
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2022.
2021-12-14
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-11-24
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022.
2021-11-23
Motion to extend the time to file a response from December 3, 2021 to January 3, 2022, submitted to The Clerk.
2021-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2021)

Attorneys

Carlos Granda
Tracy M. DreispulFederal Public Defender, Southern District of Florida, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent