No. 22-5720

Mark Julian Edmonds v. United States

Lower Court: Fifth Circuit
Docketed: 2022-10-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acca armed-career-criminal-act constitutional-interpretation criminal-procedure habeas-corpus jurisdictional-challenge procedural-standard residual-clause sentencing sentencing-enhancement unconstitutional
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether Mr. Edmonds was required to prove that it is 'more likely than not' that the sentencing judge 'actually relied on' the ACCA's unconstitutional residual clause when imposing the original sentence

Question Presented (OCR Extract)

QUESTION PRESENTED After this Court struck down the Armed Career Criminal Act’s residual cause in 2015, the Fifth Circuit granted Mr. Edmonds permission to file a “second or successive” motion arguing that he was no longer eligible for an ACCA sentence without the residual clause. See 28 U.S.C. § 2255(h)(2). The district court nonetheless concluded that it lacked jurisdiction to address the legality of the ACCA sentence, and the Fifth Circuit affirmed. Was Mr. Edmonds required to prove, in district court, that it is “more likely than not” that the sentencing judge “actually relied on” the ACCA’s unconstitutional residual clause when imposing the original sentence? Il DIRECTLY

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-05
Waiver of right of respondent United States to respond filed.
2022-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2022)

Attorneys

Mark Julian Edmonds
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent