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Charles H. Casey, Jr. v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 16-2368 · judgment February 2, 2018

Certiorari denied · June 25, 2018
Pre-decision estimate: 36% cert probability (95% interval 24%–50%)

Before the decision, about 8.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a First Circuit decision below, and a circuit split argued in the petition.

Question presented

In Johnson v. United States, 135 S. Ct. 2551, 2563 (2015), this Court held that a sentence enhanced under the “residual clause” of the Armed Career Criminal Act of 1984 (“ACCA”), 18 U.S.C. § 924(e)(2)(B), violated the Due Process Clause. In Welch v. United States, 136 S. Ct. 1257, 1268 (2016), this Court established that Johnson’s invalidation of the residual clause was retroactively applicable to cases on collateral review. The question presented is: Whether a court may grant a 28 U.S.C. § 2255 petition collaterally challenging a sentence under Johnson when the sentencing judge never specified—and therefore the record is silent on— whether the petitioner’s original sentence was enhanced pursuant to the ACCA’s now-invalidated residual clause?

Counsel of record

For petitioner
Ishan Kharshedji Bhabha
Jenner and Block LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 25 2018
    Petition DENIED.
  2. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  3. Jun 04 2018
    Reply of petitioner Charles H. Casey, Jr. filed.
  4. May 22 2018
    Brief of respondent United States in opposition filed.
  5. Apr 17 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including May 25, 2018.
  6. Apr 16 2018
    Motion to extend the time to file a response from May 9, 2018 to May 25, 2018, submitted to The Clerk.
  7. Apr 06 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 9, 2018
  8. Apr 05 2018
    Motion to extend the time to file a response from April 9, 2018 to May 9, 2018, submitted to The Clerk.
  9. Mar 08 2018
    Petition for a writ of certiorari filed. (Response due April 9, 2018)