No. 18-8156
Response WaivedIFP
Tags: acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado retroactive-application retroactivity sentence-enhancement sentencing united-states-v-watts
Latest Conference:
2019-03-29
Question Presented (from Petition)
Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado, has been or should be made retroactively applicable to cases on collateral review?
Whether the decision in Nelson v. Colorado has overruled [sub silentio] the prior precedent in United States v. Watts.
Whether the use of acquitted conduct, or offenses for which there is no final conviction, to enhance a sentence, violates due process.
Question Presented (AI Summary)
Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to cases on collateral review?
Docket Entries
2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-05
Waiver of right of respondent UNITED STATES to respond filed.
2018-10-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)
Attorneys
Dennis Bowden
Dennis Bowden — Petitioner
UNITED STATES
Noel J. Francisco — Solicitor General, Respondent