No. 22-5503

Jose Vargas-Soto v. United States

Lower Court: Fifth Circuit
Docketed: 2022-09-02
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: civil-rights constitutional-challenge direct-appeal due-process federal-courts habeas-corpus johnson-decision procedural-default residual-clause sentencing vagueness vagueness-doctrine
Key Terms:
HabeasCorpus Immigration Patent
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the doctrine of procedural default bars a court from granting relief to a defendant whose conviction and sentence were predicated on an unconstitutionally vague residual clause if the movant did not anticipate and raise the vagueness claim on direct appeal years before this Court's decision in Johnson v. United States, 576 U.S. 591 (2015))

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the doctrine of procedural default bars a court from granting relief to a defendant whose conviction and sentence were predicated on an unconstitutionally vague residual clause if the movant did not anticipate and raise the vagueness claim on direct appeal years before this Court’s decision in Johnson v. United States, 576 U.S. 591 (2015)). @)

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2022-12-14
2022-12-02
Brief of respondent United States in opposition filed.
2022-10-31
Motion to extend the time to file a response is granted and the time is further extended to and including December 2, 2022.
2022-10-28
Motion to extend the time to file a response from November 2, 2022 to December 2, 2022, submitted to The Clerk.
2022-09-30
Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2022.
2022-09-28
Motion to extend the time to file a response from October 3, 2022 to November 2, 2022, submitted to The Clerk.
2022-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)

Attorneys

Jose Vargas-Soto
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent