No. 19-5036

Craig Alan Toaz v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: concurrent-sentences concurrent-sentencing criminal-conduct criminal-procedure federal-convictions habeas-corpus habeas-petition judicial-review procedural-grounds sentencing sentencing-guidelines ussg-5g1.3
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

I. WHETHER THE DISTRICT AND CIRCUIT COURTS ERRONEOUSLY DISMISSED PETITIONER'S HABEAS PETITION UNDER PROCEDURAL GROUNDS, AND IF SO THEN;

II. WHETHER THE DISTRICT COURT HAD THE AUTHORITY TO MODIFY PETITIONER'S SENTENCE PURSUANT TO USSG §5G1.3 THROUGH A HABEAS PROCEEDING ONCE IT HAD BEEN DISCOVERED THAT THE DISTRICT COURT HAD ERRONEOUSLY IMPOSED CONCURRENT SENTENCING FOR TWO FEDERAL CONVICTIONS THAT WERE IMPOSED AT DIFFERENT TIMES IN DIFFERENT COURTS; BUT BOTH OFFENSES WERE FOR THE SAME CRIMINAL CONDUCT.

Question Presented (AI Summary)

Whether the district and circuit courts erroneously dismissed petitioner's habeas petition under procedural grounds

Docket Entries

2019-10-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-12
Waiver of right of respondent United States to respond filed.
2019-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2019)

Attorneys

Craig Alan Toaz
Craig Alan Toaz — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent