No. 18-5075

Felix A. Okafor v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: beyond-reasonable-doubt-standard Blockburger-test blockburger-v-united-states Brady-v-Maryland concurrent-sentence criminal-procedure double-jeopardy due-process exculpatory-evidence glover-v-united-states in-re-winship kyles-v-whitley ray-v-united-states sentencing sentencing-determination sixth-amendment
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (from Petition)

MAY A CONVICTION THAT IS ADMITTEDLY A VIOLATION OF THE CONCURTRENT SENTENCE DOCTRINE BE ALLOWED TO STAND IN LIGHT OF RAY V. UNITED STATES, ,481 U.S. 736 (1987)?

WHETHER THE SIXTH AMENDMENT IS IMPLICATED WHERE THE DISTRICT COURT ERRONEOUS SENTENCING DETERMINATION UNLAWFULLY INCREASED DEFENDANTS SENTENCING IN LIGHT OF THIS COURT'S DECISION IN GLOVER V UNITED STATES, .531 Z. S., (2001)?

WHETHER IN LIGHT OF THE REVERED STATUS OF THE BEYOND-AREASONABLE-DOUBT STANDARD, CAN A CONVICTION WHERE THE ELEMENT OF THE OFFENSE MAY NOT HAVE BEEN FOUND AGAINST THE DEFENDANT BY SUCH STANDARD BE OVERLOOKED IN LIGHT OF IN re.WINSHIP, 397 U.S.358 (1970)?

IV: WHETHER PETITIONER'S CONVICTION AND SENTENCE OF BOTH 21 U.S.C.841(a) AND 860 VIOLATED THE DOUBLE JEOPARDY CLAUSE IN LIGHT OF THE "SAME EVIDENCE RULE" ADOPTED IN BLOCKBURGER V.UNITED STATES, 284 U.S.299(1932)?

V. IS DUE PROCESS VIOLATED WHEN A PROSECUTOR HAS AN AFFIRMATIVE DUTY TO DISCLOSE ANY EXCULPATORY AND IMPEACHMENT EVIDENCE KNOWN TO ANY AGENT/OFFICER INVOLVED IN THE TTRIAL, BUT FAILED TO DO SO IN LIGHT OF KYLES V. WHITLEY, 514 US.419 (1995)?

Question Presented (AI Summary)

May a conviction that is admittedly a violation of the concurrent-sentence-doctrine be allowed to stand in light of Ray-v-United-States

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-10-24
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)

Attorneys

Felix A. Okafor
Felix A. Okafor — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent