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United States v. Wheeler

Certiorari Denied

Petition for certiorari denied on March 18, 2019.

Docket No.18-420
Op. Below4th Cir.

Issue

Whether a prisoner whose 28 U.S.C. § 2255 motion challenging the applicability of a statutory minimum was denied based on circuit precedent may later seek habeas relief on the ground that the circuit"s interpretation of the relevant statutes has changed.

Proceedings & orders timeline

Aug 29, 2018
Application (18A224) to extend the time to file a petition for a writ of certiorari from September 9, 2018 to October 9, 2018, submitted to The Chief Justice.
Aug 29, 2018
Application (18A224) granted by The Chief Justice extending the time to file until October 9, 2018.
Oct 3, 2018
Petition for a writ of certiorari filed. (Response due November 5, 2018)
Nov 5, 2018
Waiver of right of respondent Gerald Adrian Wheeler to respond filed.
Nov 7, 2018
DISTRIBUTED for Conference of 11/30/2018.
Nov 13, 2018
Response Requested. (Due December 13, 2018)
Nov 20, 2018
Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
Nov 27, 2018
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
Jan 14, 2019
Motion for leave to proceed in forma pauperis filed by respondent Gerald Adrian Wheeler.
Jan 14, 2019
Brief of respondent Gerald Adrian Wheeler in opposition filed.
Jan 30, 2019
DISTRIBUTED for Conference of 2/15/2019.
Jan 30, 2019
Reply of petitioner United States of America filed. (Distributed)
Feb 19, 2019
DISTRIBUTED for Conference of 2/22/2019.
Feb 25, 2019
DISTRIBUTED for Conference of 3/1/2019.
Feb 28, 2019
Letter of February 28, 2019 from the Solicitor General received. (Distributed)
Mar 1, 2019
Letter of March 1, 2019 from counsel for respondent received. (Distributed)
Mar 11, 2019
DISTRIBUTED for Conference of 3/15/2019.
Mar 18, 2019
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 18, 2019
Petition DENIED.

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