No. 18-7920

Harold A. Habeck, II v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation
Latest Conference: 2019-03-15
Question Presented (from Petition)

"Whether; Dean v. United States, 581 U.S. (2017) permits a district court the discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U.S.C. § 841, when the predicate is coupled with a violation of 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the 18 U.S.C. § 924(c) convictions."

"Did the United States Court of Appeals err, in allowing a district court judge, other than the judge who heard the case originally and continues to sit on the bench, to render a negative opinion in the collateral application made in this case, when the question presented was a "Dean Issue" calling for analysis as to the state of mind of the sentencing judge, that the third party deciding jurist below could not possibly have known".

Question Presented (AI Summary)

Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U.S.C. § 841, when the predicate is coupled with a violation of 18 U.S.C. § 924(c)

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2019-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Harold Habeck
Harold Habeck II — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent