Skip to content

Bentley v. United States

Petition for certiorari denied on February 21, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-656 3rd Cir. N/A N/A N/A N/A OT 2022

Issue: Whether, when a defendant shows on collateral review under 28 U.S.C. § 2255 that a prior conviction is no longer a valid predicate offense under the Armed Career Criminal Act, a district court may deny resentencing on the basis of an alternative prior conviction that was not specifically identified by the government as an ACCA predicate at the original sentencing, or whether the court must instead order resentencing to give the defendant an opportunity to challenge the alternative prior conviction"s qualification as an ACCA predicate in a context where the government bears the burden.

DateProceedings and Orders (key to color coding)
11/30/2022Application (22A483) to extend the time to file a petition for a writ of certiorari from December 13, 2022 to January 12, 2023, submitted to Justice Alito.
12/06/2022Application (22A483) granted by Justice Alito extending the time to file until January 12, 2023.
01/12/2023Petition for a writ of certiorari filed. (Response due February 16, 2023)
01/23/2023Waiver of right of respondent United States to respond filed.
01/25/2023DISTRIBUTED for Conference of 2/17/2023.
02/21/2023Petition DENIED.