Opinion · Supreme Court of the United States
Brown v. United States
139 S. Ct. 14
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 2018-10-15
- Topic
- general
holding that the mandatory Guidelines cannot be challenged as unconstitutionally vague | noting that there are likely at least 1,187 Johnson challenges to sentences under the pre- Booker career-offender clause | discussing issue in context of § 2255(h) and holding that the Supreme Court had not itself extended Johnson to the career offender guideline, even for defendants sentenced while the Guidelines were mandatory | “It is now understood that a federal habeas petition 15 is second or successive if the facts underlying the claim occurred by the time of 16 the initial petition, . . . and if the petition challenges the same state court 17 judgment as the initial petition. . . .” | “Johnson did not address [§] 4B1.2(a)(2
Citator
- Cited by
- 26 opinions
Regardless of where one stands on the merits of how far Johnson extends, this case presents an important question of federal law that has divided the courts of appeals and in theory could determine the liberty of over 1,000 people.4 That sounds like the kind of case we ought to hear. See this Court's Rules 10(a), (c).5 Because the Court nevertheless declines to do so, I respectfully dissent.
See Brief for Eight Federal Public Defender Offices as Amici Curiae in No. 16-7056 (CA4), pp. 1a-5a (estimating 1,187 cases pending nationwide).
Rule 10 sets forth situations that can weigh in favor of certiorari, although they are "neither controlling nor fully measuring the Court's discretion." Rule 10(a) points to a situation in which "a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter." Rule 10(c) points to a situation in which "a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court."