No. 23-7268

Pikerson Mentor v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-04-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability circuit-split constitutional-claim criminal-procedure due-process johnson-v-united-states procedural-default statutory-interpretation vagueness vagueness-challenge
Key Terms:
HabeasCorpus Patent JusticiabilityDoctri
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Whether Mr. Mentor established cause to overcome procedural default of his 'ordinary-case' vagueness challenge

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Mr. Mentor established cause sufficient to overcome the procedural default of his “ordinary-case” vagueness challenge to his convictions under 18 U.S.C. §§ 924(c) and (j), because that constitutional claim was “not reasonably available” prior to Johnson v. United States, 576 U.S. 591 (2015). II. Whether the Eleventh Circuit misapplies this Court’s precedents in MillerElv. Cockrell, 537 U.S. 322 (2003) and Buck v. Davis, 1387S. Ct. 759 (2017), by holding that a certificate of appealability may not issue in the face of adverse circuit precedent, even where the issues are debatable among jurists of reason and are the subject of a circuit-split. i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)G), Mr. Mentor submits that there are no

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent United States to respond filed.
2024-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2024)

Attorneys

Pikerson Mentor
Tracy M. DreispulFederal Public Defender Southern District of FL, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent