No. 23-6065

Tyrone Kevin Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-11-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-924(c) 18-usc-924(o) actual-innocence circuit-split criminal-procedure hobbs-act jurisdiction post-conviction post-conviction-relief section-2255 statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the Eleventh Circuit's wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § 2255 movants seeking vacatur of §§ 924(c) and (0) convictions with no viable predicate—which created a stark circuit split—requires this Court's intervention

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Taylor, 142 S. Ct. 2015 (2022), this Court held that because attempted Hobbs Act robbery does not qualify as a crime of violence under the elements clause of 18 U.S.C. § 924(c)(8)(A), it is not a viable § 924(c) predicate, and therefore, the corresponding § 924(c) offense cannot stand. That is, one cannot be convicted of a nonoffense; without a viable predicate, “Congress has not authorized courts to convict and sentence [defendants] to a decade of further imprisonment under § 924(c)(8)(A).” Taylor, 142 S. Ct. at 2021. This holding is in line with this Court’s precedents regarding jurisdiction and actual innocence, both of which slice through procedural barriers to relief in the post-conviction context. The Eleventh Circuit, however, disregarded this Court’s clear precedents in erecting a barrier to relief for Davis-based § 2255 movants seeking vacatur of §§ 924(c) and (0) convictions based on invalid predicates post-Taylor. The question presented is: (1) Whether the Eleventh Circuit’s wanton disregard for Taylor and its progeny in erecting an illogical and legally erroneous barrier to relief for § 2255 movants seeking vacatur of §§ 924(c) and (0) convictions with no viable predicate—which created a stark circuit split— requires this Court’s intervention. i INTERESTED PARTIES There are no

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2023)

Attorneys

Tyrone Kevin Smith
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent