No. 21-7053
Tags: circuit-split constitutional-law constitutional-vagueness criminal-procedure johnson-precedent johnson-v-united-states procedural-default statutory-interpretation vagueness-doctrine
Latest Conference:
2022-02-25
Question Presented (from Petition)
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).
3. 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.
Question Presented (AI Summary)
Whether a movant's procedural default may be excused due to a constitutional vagueness challenge not reasonably available prior to Johnson v. United States
Docket Entries
2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-08
Waiver of right of respondent United States to respond filed.
2022-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2022)
Attorneys
Iramm Wright
Janice L. Bergmann — Federal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent