Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

Allen v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-5684 11th Cir. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders
Aug 17 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2017)
Aug 29 2017Waiver of right of respondent United States to respond filed.
Sep 07 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 20 2017Response Requested. (Due October 20, 2017)
Oct 12 2017Order extending time to file response to petition to and including November 20, 2017.
Nov 20 2017Brief of respondent United States in opposition filed.
Dec 27 2017Reply of petitioner Gregory Eugene Allen filed.
Jan 11 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018DISTRIBUTED for Conference of 3/16/2018.
Term Snapshot