No. 18-7067

Derrick Christopher Johnson v. United States

Lower Court: Eighth Circuit
Docketed: 2018-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender criminal-law divisible-statute drug-offense modified-categorical-approach plain-error prior-state-convictions sentencing sentencing-guidelines
Latest Conference: 2019-01-11
Question Presented (from Petition)

WHETHER PETITIONER'S "PRIOR STATE DRUG OFFENSES" QUALIFIED AS ENUMERATED OFFENSES UNDER THE "CAREER CRIMINAM" PROVISION OF THE UNITED STATES SENTENCING GUIDELINES?

WHETHER. THE DISTRICT COURT IDENTIFIED A "BASE LEVEL" FOR THE OFFENSE OF CONVICTION AND ADJUSTED THAT LEVEL TO ACCOUNT FOR CIRCUMSTANCES SPECIFIC PETITIONER'S CASE? ROSALESMIRELES V. UNITED STATES.

WHETHER THE DISTRICT COURT EMPLOYED A PROPER ANALYSIS OF A DIVISIBLE STATUTE - UNDER THE MODIFIED CATEGORICAL APPROACH - IN DETERMINING WHETHER PETITIONER'S PRIOR STATE CONVICTIONS CONSTITUTED "QUALIFYING OFFENSES" UNDER THE CAREER OFFENDER PROVISION OF THE UNITED STATES SENTENCING GUIDELINES? MATHIS V. UNITED STATES.

WHETHER THE DISTRICT COURT COMMITTED "PLAIN ERROR" WHEN SENTNECING PETITIONER AS A "CAREER OFFENDER" BASED ON STATUTE(S) WHICH HAVE BEEN DECLARED "DIVISIBLE" WITHOUT CONDUCTING A PROPER "MODIFIED CATEGORICAL ANALYSIS" AND THEREFORE CALCULATING PETITIONER UNDER AN INCORRECT OFFENSE LEVEL UNDER THE GUIDELINES?

Question Presented (AI Summary)

Whether petitioner's prior state drug offenses qualified as enumerated offenses under the career criminal provision of the United States Sentencing Guidelines

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2019)

Attorneys

Derrick Johnson
Derrick C. Johnson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent