No. 18-7399

Gene Donta Carter v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-01-14
Status: Denied
Type: IFP
IFP
Tags: consecutive-sentences criminal-conspiracy drug-delivery drug-offenses due-process non-violent-crime offense-gravity offense-gravity-scores sentence-proportionality sentencing sentencing-error
Latest Conference: 2019-03-15
Question Presented (from Petition)

THE SENTENCING CURT ERRED IN APPLYING INCORRECT OFFENSE GRAVITY SCORES IN VIOLATION OF APPELLANT'S DUE PROCESS RIGHTS BASED UPON THE UNPROVEN WEIGHT OF DRUGS IN THE COURSE OF SENTENCING HIM FOR DELIVERY/POSSESSION WITH INTENT TO DELIVER CONTROLLED SUBSTANCES AND CRIMINAL CONSPIRACY

II. THE AGGREGATE SENTENCE OF 37-74 YEARS INCARCERATION RESULTING FROM THE IMPOSITION OF CONSECUTIVE SENTENCES CONSTITUTED A MANIFESTLY UNJUST, UNDULY HARSH SENTENCE GIVEN THE CIRCUMSTANCES OF THE NON-VIOLENT NATURE OF THE CASE.

Question Presented (AI Summary)

Did the sentencing court err in applying incorrect offense gravity scores in violation of the appellant's due process rights based on the unproven weight of drugs during sentencing for delivery/possession with intent to deliver controlled substances and criminal conspiracy?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

Gene Donta Carter
Gene Donta Carter — Petitioner