No. 23-7166

Charles Edward Jones v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-04-09
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: constitutional-challenge criminal-law habeas-corpus recidivism recidivist-enhancement residual-clause retroactivity second-successive-motion sentencing three-strikes-statute vagueness
Key Terms:
HabeasCorpus
Latest Conference: 2024-11-08
Question Presented (AI Summary)

Whether a constitutional challenge to 18 U.S.C. §3559(c)'s residual clause predicated on Johnson v. United States, 576 U.S. 591 (2015), is cognizable in a second or successive motion to vacate sentence under 28 U.S.C. §2255(h)(2)

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The “Three Strikes” statute, 18 U.S.C. §3559(c) is one of the most severe recidivist enhancements under the law; it imposes mandatory life sentences. It contains a catch-all residual clause that is virtually identical to other statutory residual clauses previously found to be vague and unconstitutional. This Court first struck down the residual clause in the Armed Career Criminal Act, 18 U.S.C. §924(e) (“ACCA”), in its seminal case Johnson v. United States, 576 U.S. 591 (2015). Further progeny struck down similar residual clauses in Sessions v. Dimaya, 138 U.S. 1204 (2018) (recidivist statute, 18 U.S.C. §16(b)) and United States v. Davis, 139 S.Ct. 2319 (2019) (substantive crime, 18 U.S.C. §924(c)). Because this trilogy narrowed criminal statutes by striking down vague residual clauses, Johnson and its progeny were retroactively applicable, enabling defendants to seek relief through postconviction proceedings, including second or successive motions to vacate sentence. Welch v. United States, 578 U.S. 120 (2016). In light of the above, the question presented for review is: Whether a constitutional challenge to 18 U.S.C. §3559(c)’s residual clause predicated on Johnson v. United States, 576 U.S. 591 (2015), is cognizable in a second or successive motion to vacate sentence under 28 U.S.C. §2255(h)(2). i INTERESTED PARTIES There are no

Docket Entries

2024-12-16
Judgment Issued.
2024-11-12
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of the brief for the United States before this Court filed on October 9, 2024.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Reply of petitioner Charles Jones filed.
2024-10-09
Brief of respondent United States in opposition filed.
2024-09-03
Motion to extend the time to file a response is granted and the time is further extended to and including October 9, 2024.
2024-08-30
Motion to extend the time to file a response from September 9, 2024 to October 9, 2024, submitted to The Clerk.
2024-08-30
Motion of United States for an extension of time submitted.
2024-07-30
Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2024.
2024-07-29
Motion of United States for an extension of time submitted.
2024-07-29
Motion to extend the time to file a response from August 9, 2024 to September 9, 2024, submitted to The Clerk.
2024-07-03
Motion to extend the time to file a response is granted and the time is further extended to and including August 9, 2024.
2024-07-02
Motion to extend the time to file a response from July 10, 2024 to August 9, 2024, submitted to The Clerk.
2024-07-02
Motion of United States for an extension of time submitted.
2024-06-04
Motion to extend the time to file a response is granted and the time is further extended to and including July 10, 2024.
2024-06-03
Motion to extend the time to file a response from June 10, 2024 to July 10, 2024, submitted to The Clerk.
2024-04-15
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2024.
2024-04-12
Motion to extend the time to file a response from May 9, 2024 to June 10, 2024, submitted to The Clerk.
2024-04-11
Waiver of United States of right to respond withdrawn. (April 12, 2024)
2024-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2024)
2024-02-27
Application (23A789) granted by Justice Thomas extending the time to file until April 6, 2024.
2024-02-23
Application (23A789) to extend the time to file a petition for a writ of certiorari from March 7, 2024 to April 8, 2024, submitted to Justice Thomas.

Attorneys

Charles Jones
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent