No. 24-6474

Leonard Morrison v. United States

Lower Court: Fifth Circuit
Docketed: 2025-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca-enhancement armed-career-criminal-act constitutional-challenge criminal-procedure jury-determination predicate-offense
Key Terms:
HabeasCorpus
Latest Conference: 2025-03-07
Question Presented (AI Summary)

Does the Supreme Court ruling in Erlinger v. United States render unconstitutional ACCA enhancements when predicate charges were not proven beyond a reasonable doubt by a jury?

Question Presented (OCR Extract)

Does the recent Supreme Court ruling in *Erlinger v. United 1. States*, 602 U.S. (2024), render unconstitutional the enhancements imposed under the Armed Career Criminal Act (ACCA) when the associated charges were not proven beyond a reasonable doubt by a jury?. Did the Fifth Circuit err in denying a Certificate of 2. Appealability by incorrectly asserting that a ground was not argued in the 2255 motion, despite evidence indicating otherwise? 3. Was the district court ’s denial of the 2255 motion erroneous due to the failure of the prosecution to prove that the predicate offenses used to enhance under the Armed Career Criminal Act (ACCA) qualify as such? 4. Is the application of Federal Rule of Criminal Procedure 59(e) relevant to the arguments presented in Ground 11 of the 2255 motion? (ii)

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-14
Waiver of United States of right to respond submitted.
2025-02-14
Waiver of right of respondent United States to respond filed.
2025-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2025)
2024-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2025)

Attorneys

Andrew Peterson
Andrew Jason Peterson — Petitioner
Leonard Morrison
Leonard Morrison — Petitioner
Leonard Morrison — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent