No. 19-5217

Lavares Detroen Watkins v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-17
Status: GVR
Type: IFP
IFP
Tags: ACCA-enhancement actual-innocence AEDPA armed-career-criminal-act due-process habeas-corpus sentencing statutory-maximum time-bar
Latest Conference: 2019-10-18
Question Presented (from Petition)

WHETHER DUE PROCESS IS VIOLATED WHEN A COURT SENTENCES A DEFENDANT TO
A TERM OF IMPRISONMENT THAT EXCEEDS THE OTHERWISE-APPLICABLE STATUTORY
MAXIMUM SENTENCE AUTHORIZED BY CONGRESS FOR THE CRIME; WHERE THE DEFEN
DANT'S FLAT, CATEGORICAL INELIGIBILITY FOR HIS AOCA-ENHANCED SENTENCE
WOULD SUFFICE TO EXCUSE THE TIME BAR BY THE APPLICABLE ONE-YEAR STATUTE
OF LIMITATION, PURSUANT] TO THE AEDPA, UNDER 28 U.S.C. § 2255(f)(3), PUR-. . :
SUANT THE "ACTUAL INNOCENT" EXCEPTION AND DOCTRINE, IN LIGHT OF SAWYER
v. WHITLEY, 505 U.S. 333, 112 S.Ct. 2514, 120 L.Ed.2d 269 (1992)?

Question Presented (AI Summary)

Whether due process is violated when a court sentences a defendant to a term of imprisonment that exceeds the otherwise-applicable statutory maximum sentence authorized by Congress for the crime

Docket Entries

2019-11-22
JUDGMENT ISSUED.
2019-10-21
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-22
Reply of petitioner filed.
2019-09-16
Brief of respondent United States in opposition filed.
2019-08-23
Supplemental brief of petitioner Lavares Detroen Watkins filed.
2019-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2019.
2019-08-06
Motion to extend the time to file a response from August 16, 2019 to September 16, 2019, submitted to The Clerk.
2019-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2019)

Attorneys

Lavares Detroen Watkins
Lavares Detroen Watkins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent