| 21-6750 |
Claude Jerome Wilson, II v. United States |
Eleventh Circuit |
2021-12-30 |
Denied |
Response WaivedIFP |
28-usc-2255 armed-career-criminal-act burden-of-proof circuit-split constitutional-rule habeas-corpus johnson-claim residual-clause sentencing-enhancement violent-felony |
When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to prove he is entitled to relief o… |
| 21-5144 |
Tye Lanford Sarratt v. United States |
Fourth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split collateral-review due-process johnson-claim johnson-v-united-states post-conviction-motion retroactivity sentencing-guidelines statutory-interpretation |
Does a post-conviction motion asserting a claim that a sentence violates due process under Johnson v. United States because it was dictated by the res… |
| 19-8737 |
James Steiner v. United States |
Eleventh Circuit |
2020-06-17 |
Denied |
Response WaivedIFP |
18-usc-924(c) aiding-and-abetting crime-of-violence due-process eleventh-circuit fundamental-fairness johnson-claim judicial-review meaningful-review rosemond-claim section-2255 |
Whether the 11th Circuit's holding can be reconciled with Rosemond |
| 19-8597 |
Lewis McKenzie v. United States |
Eleventh Circuit |
2020-06-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
28-usc-2255 armed-career-criminal-act burden-of-proof gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony |
When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to satisfy the requirements of § 22… |
| 19-7178 |
Tracy Jarvis Allen v. United States |
Fourth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-robbery fourth-circuit fourth-circuit-precedent johnson-claim johnson-v-united-states robbery sentencing-enhancement sixth-amendment south-carolina standard-of-review |
Whether the District Court erred in determining that Petitioner Allen's South Carolina Armed Robbery convictions are valid predicates under the Armed … |
| 18-9343 |
Joe Carroll Ziglar v. United States |
Eleventh Circuit |
2019-05-20 |
Denied |
Relisted (2)IFP |
armed-career-criminal-act burden-of-proof circuit-split gatekeeping-requirement johnson-claim johnson-v-united-states residual-clause section-2255 sentencing-enhancement violent-felony |
When the record is silent as to which enhancement clause applied, what showing is a § 2255 movant required to make to satisfy the requirements of § 22… |
| 18-9275 |
James Troiano v. United States |
Ninth Circuit |
2019-05-14 |
Denied |
Response WaivedIFP |
acca-residual-clause advisory-guidelines advisory-sentencing-guidelines armed-career-criminal-act certificate-of-appealability due-process johnson-claim johnson-v-united-states townsend-misinformation townsend-v-burke vagueness void-for-vagueness |
Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim aga… |
| 18-7379 |
Edward Bruno Garcia v. United States |
Eleventh Circuit |
2019-01-11 |
Denied |
IFP |
28-usc-2255 acca-sentence armed-career-criminal-act burden-of-proof circuit-split johnson-claim johnson-v-united-states residual-clause section-2255 |
Whether a § 2255 movant raising a Johnson claim can satisfy his burden of proof by showing his ACCA sentence 'may have' been based on the residual cla… |
| 18-7252 |
Eddie Ray Wiese, Jr. v. United States |
Fifth Circuit |
2019-01-07 |
Denied |
IFP |
28-usc-2255 armed-career-criminal-act federal-prisoner fifth-circuit johnson-claim residual-clause sentencing sentencing-enhancement statutory-interpretation successive-motion |
When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was the only lawful substantive basis to enhance his sentenc… |
| 18-6761 |
Tellis T. Williams v. United States |
Sixth Circuit |
2018-11-20 |
Denied |
Response WaivedIFP |
advisory-sentencing-guidelines beckles-v-united-states career-offender-enhancement certificate-of-appealability certificate-of-appealability-coa due-process johnson-claim johnson-v-united-states sentencing-guidelines sixth-circuit vagueness-challenge |
Whether the Sixth Circuit's denial of Petitioner's COA was based on the merits of the appeal rather than whether reasonable jurists could debate the d… |
| 18-5398 |
Kenneth Floyd Prutting v. United States |
Eleventh Circuit |
2018-07-30 |
Denied |
IFP |
28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement |
Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua… |
| 18-5263 |
Bobby Ree McGee, Jr. v. United States |
Eleventh Circuit |
2018-07-19 |
Denied |
IFP |
2255-motion armed-career-criminal-act burden-of-proof certificate-of-appealability elements-clause johnson-claim residual-clause samuel-johnson section-2255 statutory-maximum violent-felony |
Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residua… |