No. 18-9782

Carlous Lindell Daily v. United States

Lower Court: Eighth Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-USC-924(c)(3)(B) 18-usc-924c constitutional-rights crime-of-violence ineffective-assistance ineffective-assistance-of-counsel Johnson johnson-precedent johnson-v-united-states resentencing sentencing sentencing-error statutory-interpretation statutory-maximum USSG-4B1.2
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2019-10-01
Question Presented (from Petition)

(1). Whether The Lower Court(s) Erred In Concluding
That Petitioner Did Not Suffer Ineffective
Assistance Of Counsel At His Resentencing
On Appeal Of His Resentencing: And
(a) . In Light Of Shepard?; And
(b) . Whether A Sentence Which Exceeds The
Statutory Maximum, Is Harmless Error?

(2). Whether The Lower Court(s) Erred In Concluding
That Petitioner's Instant And Predicate
Offense(s) Qualify As A Crime Of Violence
For Purposes Of . U.S.S.G. § 4B1.2?

(3). Whether The Lower Court(s) Erred In Concluding That:
(a) . Even Applying Johnson To § 924(c) ,
Petitioner's Conviction would Still Stand.?;
(b) . The Language In 18 U.S.C. § 924(c) (3) (B) ,
Similar To ACCA's Residual Clause, Is Not
Void For Vagueness In Light Of Johnson?

(4). Whether The Lower Court(s) Erred In Concluding That
Petitioner Failed To Make A Substantial Showing
Of The Denial Of A Constitutional Right?

Question Presented (AI Summary)

Whether the lower court(s) erred in concluding that petitioner did not suffer ineffective assistance of counsel

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent United States to respond filed.
2018-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)
2018-04-18
Application (17A1130) granted by Justice Gorsuch extending the time to file until June 18, 2018.
2018-04-07
Application (17A1130) to extend the time to file a petition for a writ of certiorari from April 19, 2018 to June 18, 2018, submitted to Justice Gorsuch.

Attorneys

Carlous L. Daily
Carlous Lindell Daily — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent