No. 21-6192

Benjamin Joseph Langford v. United States

Lower Court: Eighth Circuit
Docketed: 2021-11-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process habeas-relief iowa-robbery-statute johnson-ruling predicate-conviction residual-clause sentencing serious-violent-felony statutory-interpretation three-strikes united-states-v-johnson
Key Terms:
HabeasCorpus
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether Mr. Langford was improperly denied 28 U.S.C. § 2255 relief from his mandatory life sentence

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW (1) Whether Mr. Langford was improperly denied 28 U.S.C. § 2255 relief from his “three strikes” mandatory life sentence, pursuant to United States v. Johnson, 135 S. Ct. 2551 (2015), where his determinative predicate conviction was pursuant to Iowa’s 1975 robbery with aggravation statute, which is indivisible, and which has never qualified as a “serious violent felony” under § 3559(c) in the absence of the residual clause, because conviction can be based on threats of nonphysical harm to property.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-10
Waiver of right of respondent United States of America to respond filed.
2021-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2021)

Attorneys

Benjamin Langford
Nova Danielle JanssenFederal Public Defender, Northern & Southern Districts of Iowa, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent