No. 18-9499

Chad Austin v. Timothy Stewart, Warden

Lower Court: Fourth Circuit
Docketed: 2019-05-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal bureau-of-prisons civil-rights constitutional-interpretation due-process federal-jurisdiction federal-sentencing-guidelines judicial-review retroactive-application sentencing statute-of-limitations statutory-interpretation time-bar
Latest Conference: 2019-10-01
Question Presented (from Petition)

1.) Hows Can the Bureay of Prisons make petitioners Federal
Sentence, when petitioner was sentenced on 11/iz/1999
under manttory sentencing Gidelines"in effect on that
date" Under. 18 US.C.$3584(a), 18 U.8C.33553,
USS.G$ 5G1.3C) and USSG.S/BI.3?

2. How Can the
B.OP., than District Court in the fourth
District avoide
the Fact petitioners Sentencing Court
$ (
made an "Adjustment Under$5Gl.3 Cs Application N8te 3
EFFECTIVE
in the Year 1999 that VERY CLEARLY STATES
THIS DATE"?
than Start it TEN years atter the Sentencing Court
Started the Sentence?
Sentercing
Athority, than told the Fourth District Court to
That its legal to let that hapen?

5) Since petitioners state 4o year Sentence was Stato
iLlegal "and orer the Maxiom boy 20
years
how can
anything at Federal Trial be Legal
under
Knowingly
and intelligently
How cdn any
one
wavre
court har
409
the
RIGHT
and
Wher
Federal
WRONG.
How do you address
them
Fact's ber
i+ 0ll
8sop
Your computation
th

Question Presented (AI Summary)

How can the Bureau of Prisons make petitioner's federal sentence, where petitioner was sentenced of violating 18 USC 3581(b), 18 USC 3553, USSG § 5G1.3(c) and USSG § 5B1.3?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-07
Waiver of right of respondent Timothy Stewart, Warden to respond filed.
2019-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)

Attorneys

Chad E. Austin
Chad E. Austin — Petitioner
Timothy Stewart, Warden
Noel J. FranciscoSolicitor General, Respondent