No. 23-5256

Joseph Fenelon Cooper v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 crime-of-violence criminal-procedure elements-clause firearm-conviction johnson-precedent johnson-v-united-states section-2255 successive-petition united-states-v-taylor welch-v-united-states
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for possession of a firearm during a crime of violence is precluded from relief

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is whether a Petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for possession of a firearm during a crime of violence in violation of 18 U.S.C. Section 924(c)(3)(A) in relation to an attempted bank robbery pursuant to 18 U.S.C. § 2113, is precluded from relief because the district court claimed it relied on the elements clause in light of Johnson v. United States, 576 U.S. 591, 1385 S. Ct. 2551 (2015), Welch v. United States, 136 S. Ct. 1257 (April 18, 2016) and United States v. Taylor, 596 U.S.___, 142 S. Ct. 2015 (2022)? 1

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-03
Waiver of right of respondent United States to respond filed.
2023-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

Joseph Fenelon Cooper
Leigh Stevens SchropeLaw Firm of Shein and Brandenburg, Petitioner
Leigh Stevens SchropeLaw Firm of Shein and Brandenburg, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent