No. 21-7233

William Sardinas v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-03-01
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: attempted-hobbs-act-robbery certificate-of-appealability circuit-split constitutional-vagueness crime-of-violence crimes-of-violence hobbs-act johnson-v-united-states procedural-default united-states-v-taylor
Key Terms:
HabeasCorpus Securities Patent JusticiabilityDoctri
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Whether attempted Hobbs Act robbery is a crime of violence

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a certificate of appealability is warranted on the question of whether attempted Hobbs Act robbery is a crime of violence, where this Court is at present considering that very question in United States v. Taylor, 141 S. Ct. 2882 (U.S. July 2, 2021) (No. 20-1459). 2. 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. i INTERESTED PARTIES Petitioner submits that there are no

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Reply of petitioner William Sardinas filed.
2022-05-02
Memorandum of respondent United States in opposition filed.
2022-03-31
Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2022.
2022-03-29
Motion to extend the time to file a response from March 31, 2022 to May 2, 2022, submitted to The Clerk.
2022-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2022)
2022-02-08
Application (21A401) granted by Justice Thomas extending the time to file until March 30, 2022.
2022-02-04
Application (21A401) to extend the time to file a petition for a writ of certiorari from February 28, 2022 to March 30, 2022, submitted to Justice Thomas.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William Sardinas
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner