No. 18-9029
IFP
Tags: appeal apprendi civil-rights constitutional-challenge conviction criminal-conviction criminal-procedure due-process retroactive-application retroactivity sentencing sentencing-guidelines sixth-amendment unconstitutional-error upward-departure
Latest Conference:
2019-10-01
Question Presented (from Petition)
1. May a conviction baded dn a unconstitutional hard o life
Senfence be overturned at any time?
2. May this Courts decisionin Apprendi ar to what constifuter
improper up ward deparfure sentence be applied to this case?
improper upward departure sentence be applied re troactively to
set aside the conviction in this case?
Question Presented (AI Summary)
Whether a conviction based on an unconstitutional sentencing enhancement can be overturned under this Court's decisions in Apprendi and Alleyne
Docket Entries
2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 29, 2019)
Attorneys
Tyron James
Tyron James — Petitioner