No. 23-5348

Julian Breal v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: davis-ruling due-process fifth-amendment motion-to-vacate procedural-default section-2255 united-states-v-davis vagueness vagueness-challenge
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Petitioner was denied his due process Fifth Amendment right due to being procedurally defaulted from presenting his vagueness challenge

Question Presented (OCR Extract)

QUESTION PRESENTED L Whether the Petitioner was denied his due process Fifth Amendment right to the United States Constitution due to being procedurally defaulted from presenting his vagueness challenge pursuant to United States v. Davis, 139 S.Ct. 2319 (2019) in his Motion to Vacate Sentence pursuant to 98 U.S.C. §2255 where at the time of his direct appeal of his conviction and 50 year sentence of imprisonment, the Davis claim was not reasonably available to him due to the state of the law at that time? | i

Docket Entries

2023-10-02
Petition DENIED.
2023-08-24
DISTRIBUTED for Conference of 9/26/2023.
2023-08-17
Waiver of right of respondent United States to respond filed.
2023-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2023)

Attorneys

Julian Breal
Curt ObrontObront, Corey & Schoepp, PLLC, Petitioner
Curt ObrontObront, Corey & Schoepp, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent