No. 18-7498

Eddie Hall v. J. A. Terris, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender career-offender-enhancement controlled-substance controlled-substance-offense due-process fundamental-defect habeas-corpus habeas-corpus-petition miscarriage-of-justice section-2241 sentencing sentencing-enhancement
Latest Conference: 2019-02-22
Question Presented (from Petition)

Whether the District and Circuit Courts erred in the denial of Hall's § 2241 Petition where, as here, Hall sufficiently demonstrated that the decision to treat his prior conviction of delivery of marijuana in Washington State Court as a "controlled substance offense" constituted a miscarriage of justice and a fundamental defect.

Whether the District and Circuit Courts erred in their determinations that Hall failed to show that his prior felony conviction no longer qualified as a predicate offense for purposes of the career offender enhancement and because his sentence would have been the same absent his career offender designation.

Question Presented (AI Summary)

Whether the District and Circuit Courts erred in the denial of Hall's § 2241 Petition

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-29
Waiver of right of respondent Terris, Warden to respond filed.
2018-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

Eddie Hall
Eddie Ray Hall — Petitioner
Terris, Warden
Noel J. FranciscoSolicitor General, Respondent