No. 23A818

Pikerson Mentor v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-03-05
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: certificate-of-appealability collateral-review davis-decision retroactive-application section-2255 successive-motion
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal prisoner may seek collateral review of a conviction under 28 U.S.C. § 2255 based on a new substantive rule announced in United States v. Davis that retroactively applies to cases on federal collateral review

Question Presented (OCR Extract)

No question identified. : Mentor v. United States, No. 23-11572 (11th Cir. Dec. 19, 2023). Mr. Mentor has not previously sought an extension of time from this Court. Mr. Mentor is filing this Application at least ten days before the filing date, which is March 18, 2024. See S. Ct. R. 13.5. The jurisdiction of this Court will be invoked under 28 U.S.C. § 1254(1). Following this Court’s decision in United States v. Davis, 139 8. Ct. 2319 (2019), Mr. Mentor filed an authorized second or successive motion to vacate under 28 U.S.C. § 2255 . On March 10, 2023, the district court denied Mr. Mentor’s motion to vacate and declined to issue a certificate of appealability (“COA”). Mentor v. United States, 1:20-cv-20470-DLG (S.D. Fla. Mar. 10, 2023) (Dkt. # 39). Mr. Mentor filed a timely notice of appeal, and subsequently moved the United States Court of Appeals for the Eleventh Circuit to issue a COA. The Eleventh Circuit denied Mr. Mentor’s motion on December 19, 2023. A copy of the Court of Appeals’ Order is attached as

Docket Entries

2024-03-05
Application (23A818) granted by Justice Thomas extending the time to file until April 17, 2024.
2024-03-01
Application (23A818) to extend the time to file a petition for a writ of certiorari from March 18, 2024 to May 17, 2024, submitted to Justice Thomas.

Attorneys

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