No. 19-38

Malcolm McGee v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-03
Status: Denied
Type: Paid
Response Waived
Tags: california-law federal-sentence-enhancement felony-drug-offense recidivist-sentence-enhancement recidivist-sentencing resentencing retroactive-reduction sentence-enhancement state-post-conviction state-post-conviction-remedy state-prison-sentence successful-attack
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

When does a state post-conviction remedy qualify as a "successful attack" on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted?

Question Presented (AI Summary)

When does a state post-conviction remedy qualify as a 'successful attack' on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent United States to respond filed.
Main Document
2019-07-01
Petition for a writ of certiorari filed. (Response due August 2, 2019)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Malcolm McGee
Michael Stone Romano — Stanford Law School Mills Legal Clinic Criminal De, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent