The Supreme Court recently granted a certiorari petition in Davis v. United States that presents the following questions: (1) Whether 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague; (2) whether Hobbs Act robbery is a “crime of violence” as defined by 18 U.S.C. § 924(c)(3); and (3) whether a prior Texas conviction for burglary is a “violent … Read more
The Supreme Court granted certiorari on a number of criminal cases in orders from its September 25 conference. The details are below, courtesy of Sentencing Resource Counsel: City of Hays, Kansas v. Vogt, No. 16-1495 Question Presented: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at … Read more
Nnebe v. United States, No. 05-5713-pr (2d Cir. July 21, 2008)Pena v. United States, No. 06-0218-pr (2d Cir. July 21, 2008) This month, the court re-issued decisions in two cases decided in June – one of which the court subsequently withdrew [see prior posts “Role of Certs” and “Withdrawal Symptoms”] – dealing with counsel’s obligation … Read more
This pair of decisions, both arising from 2255 motions, gives helpful guidance on counsel’s obligations to file a petition for a writ of certiorari. In Pena v. United States, No. 06-0218-pr (2d Cir. June 12, 2008) (Jacobs, Parker, Wesley, CJJ)(per curiam), the court held that a retained attorney was not ineffective for failing to advise … Read more