No. 21-6585

Freddy Crespo v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: buck-v-davis certificate-of-appealability circuit-split criminal-procedure due-process eleventh-circuit habeas-corpus miller-el-v-cockrell supreme-court-precedent
Key Terms:
HabeasCorpus Securities
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the Eleventh Circuit's rule on certificates of appealability conflicts with Supreme Court precedent

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Eleventh Circuit’s rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2008), and Buck v. Davis, 580 U.S. ___, 187 S. Ct. 759 (2017), as well as decisions of the Third, Sixth, and Ninth Circuits holding that a split in the circuits warrants a COA. 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 Petitioner submits that there are no

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States to respond filed.
2021-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2022)

Attorneys

Freddy Crespo
Janice L. BergmannFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent