No. 18-7567

Ron Collins v. United States

Lower Court: Seventh Circuit
Docketed: 2019-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure due-process eighth-amendment fair-sentencing-act ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct sentencing sentencing-guidelines
Latest Conference: 2019-03-01
Question Presented (from Petition)

I.
Whether the court of appeals erred in denying petitioner's application for a certificate
of appealability to appeal the district court's denial of his motion to vacate his 360
months' sentence under 28.U.S.C. 2255(a), when intervening precedent establishes
that petitioner's 360 months' sentence was imposed in error.

II.
Whether trial counsel adequately failed to argue the lower penalty provisions under
The Fair Sentencing Act of 2010 (FSA), Pub. L. No. 111-220, 124 Stat.2372, Dorsey U.
United States, 32 S. Ct. 2321 (2012).

III.
Whether trial counsel failed to argue Kimbrough v. United States, 128 S. Ct. 558, 566
(2007) and Gall v. United States, 552 U.S. 38 (2007) which offers crucial guidance on
the extent of sentencing courts' discretion to deviate from the advisory Sentencing
Guideline articulated in 18 U.S.C. § 3553(a).

Question Presented (AI Summary)

Whether the court of appeals erred in denying petitioner's application for a certificate of appealability

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent United States to respond filed.
2018-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Ron Collins
Ron Collins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent