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Lester v. United States

Certiorari Denied

Petition for certiorari denied on May 21, 2018.

Docket No.17-1366
Op. BelowM.D. Ga.

Issue

(1) Whether the retroactivity analysis of Teague v. Lane is categorical, such that when the Supreme Court held that Johnson v. United States announced a new substantive rule of constitutional law that is retroactive to cases on collateral review in Welch v. United States, it made Johnson"s rule retroactive for purposes of all cases on collateral review; and (2) whether the Johnson rule made retroactive in Welch renders the residual clause of the career offender provision of the mandatory, pre-Booker Sentencing Guidelines unconstitutionally vague.

Proceedings & orders timeline

Mar 26, 2018
Petition for a writ of certiorari before judgment filed. (Response due April 27, 2018)
Apr 5, 2018
Waiver of right of respondent United States to respond filed.
Apr 11, 2018
DISTRIBUTED for Conference of 4/27/2018.
May 7, 2018
DISTRIBUTED for Conference of 5/10/2018.
May 14, 2018
DISTRIBUTED for Conference of 5/17/2018.
May 21, 2018
Petition DENIED.

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