No. 18-8796

Larry Junior Copeland, aka La-La v. United States

Lower Court: Fourth Circuit
Docketed: 2019-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (from Petition)

This Court holds that when a habeas petitioner alleges facts that are outside the courtroom, and if proven, those facts entitle a petitioner to relief, then the district court must permit evidentiary proceedings. Mr. Copeland's allegations involve out-of-court, off-record facts that the government admits show his sentence is three time greater than necessary. Yet, the district court did not conduct an evidentiary hearing. Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?

The district court concluded that "Copeland's Fair Sentencing Act" claims were "not raised on direct appeal. The general rule of procedural default bars Copeland from presenting the claims under § 2255." Congress enacted the First Step Act that expressly provides for the Fair Sentencing Act to apply retroactively. Does the enactment of a retroactively-applicable statute override the procedural default doctrine?

Question Presented (AI Summary)

Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-29
Waiver of right of respondent United States to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)
2018-12-11
Application (18A607) granted by The Chief Justice extending the time to file until March 2, 2019.
2018-12-03
Application (18A607) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to March 2, 2019, submitted to The Chief Justice.

Attorneys

Larry Junior Copeland
Larry Junior Copeland — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent