No. 18-5116
Benjamin A. Gibbs v. United States
Response WaivedIFP
Tags: civil-procedure due-process jurisdiction life-sentence murder patent retroactive-application sentencing-guidelines standing takings uncharge-offense
Key Terms:
AdministrativeLaw SocialSecurity
AdministrativeLaw SocialSecurity
Latest Conference:
2018-09-24
Question Presented (from Petition)
DENYING A CERTIFICATE OF APPEALABILITY SHOULD THE JUDGMENT BE VACATED IN LIGHT OF BUCK V. DAVIS, 137 SCT 759 (2017), WELCH V. UNITED STATES, 136 SCT 1257 (2016), JACKSON V. UNITED STATES, 195 LED 2D 777 (2016), AND MILLEL-EL V. COCKRELL, 537 US 322 (2003)?
(2) DID THE COURT OF APPEALS DENIAL OF A CERTIFICATE OF APPEALABILITY CONFLICT WITH A DECISION OF THE UNITED STATES SUPREME COURT?
(3) DID THE APPELLANT DEMONSTRATE INEFFECTIVE ASSISTANCE OF COUNSEL AND TITLE 18 USCS UNITED STATES CODE CLAIM UNCONSTITUTIONAL?
Question Presented (AI Summary)
Whether the petitioner's life sentence for an uncharged offense of murder violates due process, retroactive application of law, and sentencing guidelines
Docket Entries
2018-10-01
Petition DENIED.
2018-07-24
Supplemental brief of petitioner Benjamin Gibbs filed. (Distributed)
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2017-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)
Attorneys
Benjamin Gibbs
Benjamin Gibbs — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent