Allen v. United States
Petition for certiorari denied on May 21, 2018
Issues: (1) Whether the petitioner’s mandatory guidelines sentence, which was enhanced under the residual clause of U.S.S.G. § 4B1.2, is unconstitutional in light of the Supreme Court’s decision in Johnson v. United States, and, if so, whether a conviction for burglary of a dwelling under Florida law qualifies as a “crime of violence” under U.S.S.G. § 4B1.2’s elements clause; and (2) whether published orders issued by a circuit court of appeals under 28 U.S.C. § 2244(b)(3), and in the context of applications to file second or successive 28 U.S.C. § 2255 motions, constitute binding precedent outside of that context.
Date | Proceedings and Orders (key to color coding) |
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Aug 17 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2017) |
Aug 29 2017 | Waiver of right of respondent United States to respond filed. |
Sep 07 2017 | DISTRIBUTED for Conference of 9/25/2017. |
Sep 20 2017 | Response Requested. (Due October 20, 2017) |
Oct 12 2017 | Order extending time to file response to petition to and including November 20, 2017. |
Nov 20 2017 | Brief of respondent United States in opposition filed. |
Dec 27 2017 | Reply of petitioner Gregory Eugene Allen filed. |
Jan 11 2018 | DISTRIBUTED for Conference of 2/16/2018. |
Feb 20 2018 | DISTRIBUTED for Conference of 2/23/2018. |
Feb 26 2018 | DISTRIBUTED for Conference of 3/2/2018. |
Mar 12 2018 | DISTRIBUTED for Conference of 3/16/2018. |
Mar 19 2018 | DISTRIBUTED for Conference of 3/23/2018. |
Mar 26 2018 | DISTRIBUTED for Conference of 3/29/2018. |
Apr 09 2018 | DISTRIBUTED for Conference of 4/13/2018. |
Apr 16 2018 | DISTRIBUTED for Conference of 4/20/2018. |
Apr 23 2018 | DISTRIBUTED for Conference of 4/27/2018. |
Apr 26 2018 | Letter of April 26, 2018, from the Solicitor General received. (Distributed) |
Apr 27 2018 | Letter of April 27, 2018, form counsel for petitioner received. (Distributed) |
Apr 27 2018 | Letter of April 27, 2018, from the Solicitor General received. (Distributed) (This letter is a corrected version of the Solicitor General's letter of April 26, 2018) |
May 07 2018 | DISTRIBUTED for Conference of 5/10/2018. |
May 14 2018 | DISTRIBUTED for Conference of 5/17/2018. |
May 21 2018 | Petition DENIED. |