No. 24-5529

Jose Muyet v. United States

Lower Court: Second Circuit
Docketed: 2024-09-12
Status: Denied
Type: IFP
IFP
Tags: 28-U.S.C.-§-2255 circuit-split collateral-review concurrent-sentence-doctrine direct-review federal-criminal-conviction
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Does the concurrent sentence doctrine permit a federal court to decline review of a collateral challenge to a federal criminal conviction, even one carrying a consecutive sentence?

Question Presented (OCR Extract)

question presented, which divides the Circuits, is: Does the concurrent sentence doctrine permit a federal court to decline review of a collateral challenge to a federal criminal conviction, even one carrying a consecutive sentence? Il. In the alternative, should this petition be held for Delligatti v. United States, No. 23-825 (U.S.) (cert. granted June 3, 2024), where one of Petitioner’s 18 U.S.C. § 924(¢) convictions is predicated on the same crime of violence at issue in Delligatti? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-27
Reply of Jose Muyet submitted.
2024-12-27
Reply of petitioner Jose Muyet filed. (Distributed)
2024-12-26
DISTRIBUTED for Conference of 1/10/2025.
2024-12-12
Brief of United States in opposition submitted.
2024-12-12
Brief of respondent United States in opposition filed.
2024-11-06
Motion to extend the time to file a response is granted and the time is further extended to and including December 12, 2024.
2024-11-05
Motion of United States for an extension of time submitted.
2024-11-05
Motion to extend the time to file a response from November 14, 2024 to December 12, 2024, submitted to The Clerk.
2024-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2024.
2024-10-10
Motion of United States for an extension of time submitted.
2024-10-10
Motion to extend the time to file a response from October 15, 2024 to November 14, 2024, submitted to The Clerk.
2024-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2024)

Attorneys

Jose Muyet
Daniel George HabibFederal Defenders of New York, Inc., Petitioner
Daniel George HabibFederal Defenders of New York, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent