No. 18-9576

Alvin Weekly v. United States

Lower Court: Eighth Circuit
Docketed: 2019-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment band on cruel and unusual punishment And double jeopardy in Contrast to the Supreme Court Ruling of Blockburger.v. United States, ?

2. Does .a Rule 60 (b) motion give jurisdiction to a lower court when no other remedy is available or has been denied ; even.though a claim of Actual Innocence was asserted under "dinaryI Circumstances"

III. Is an Appeal waiver enfoceable to seek releif of an Illegal Sentence imposed by the district court or Knowingly Intelligently waived to move the lower court of appeals for relief ?

IV. Is a defendant's right violated by double jeopardy if the government charges a violation 21 U.S.C. §841 and §860"same conduct"relatingto _a single offense within 1,000 feet of a school or includes "Duplicity"?

Question Presented (AI Summary)

Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment and double jeopardy

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Waiver of right of respondent United States to respond filed.
2019-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Alvin Weekly
Alvin Weekly — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent