No. 18-614

In Re George Houston

Lower Court: N/A
Docketed: 2018-11-09
Status: Denied
Type: Paid
Tags: alleyne-v-united-states apprendi-v-new-jersey collateral-review conspiracy conspiracy-liability criminal-law criminal-procedure drug-quantity jurisdictional-error mandatory-minimum retroactivity sentencing sentencing-enhancement
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2018-11-30
Question Presented (from Petition)

Whether it is the individualized drug quantity that is a fact that increases the mandatory minimum sentence or whether the amount of drugs attributable to the conspiracy as a whole can be the fact which triggers the mandatory minimum for an individual defendant?

Whether a sentence that violates Apprendi v. New Jersey, 530 US 466 (2000) and Alleyne claims are jurisdictional error, and therefore the error may be raised on collateral review without being subject to procedural default or the non-retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989)?

If not, whether this court should now make Apprendi and Alleyne retroactive limited in scope on collateral review from June 26, 2000, in which the Apprendi decision was announced?

Question Presented (AI Summary)

Whether the individualized drug quantity or the amount of drugs attributable to the conspiracy as a whole can trigger the mandatory minimum sentence for an individual defendant

Docket Entries

2018-12-03
Petition DENIED.
2018-11-13
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Petition for writ of habeas corpus filed.

Attorneys

George Houston
George Houston Jr. — Petitioner