No. 23-5834

Herbert Johnson v. United States

Lower Court: Ninth Circuit
Docketed: 2023-10-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether an illegal sentence exception to plea agreement waivers can coexist alongside a bar of illegal convictions when a sentence and conviction are bundled together by statute

Question Presented (OCR Extract)

question presented is whether an illegal sentence exception to plea agreement waivers can coexist alongside a bar of illegal convictions when a sentence and conviction are bundled together by statute. I. A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). The second question presented is whether a court can summarily enforce an appellate waiver to bar motions to vacate convictions and mandatory prison sentences under 18 U.S.C. § 924(c) for which the district court lacked jurisdiction to enter a judgment of conviction. Il. The Circuits have confused categorical analysis—which examines only statutory elements—with the contextually distinct rule that an aider and abettor is punishable for the acts of a principal. The third question presented is whether Circuits have failed to apply categorical analysis to aiding and abetting’s distinct elements, which do not meet the requirements of 18 U.S.C. § 924(c)(3)(A)’s force clause. ii

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-23
Waiver of right of respondent United States of America to respond filed.
2023-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2023)

Attorneys

Herbert Johnson
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent