No. 19-6078

Terreall McDaniel v. United States

Lower Court: Eighth Circuit
Docketed: 2019-09-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-924c appeal armed-career-criminal-act circuit-split constitutional-interpretation criminal-law criminal-procedure first-step-act retroactivity sentencing sentencing-enhancement statutory-interpretation
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (from Petition)

I. Does Section 403 of the First Step Act , which dramatically clarifies the
applicable penalties for which a defendant may be sentenced for gun related crimes under 18 U.S.C. Section 924(c), apply to a defendant w hen
his appeal is still pe nding?
Richardson v. United States , No. 18 -7036, 139 S.Ct. 2713 (June 17, 2019).

II. Does the judicial determination of crimes "committed on occasions
different from one another" under the Armed Career Criminal Act violate
the Sixth Amendment right to a jury trial, especially when the lower court
relied on the "scrivener 's error" doctrine to resolve a factual dispute
regarding when the prior convictions took place ?

Question Presented (AI Summary)

Does Section 403 of the First Step Act apply to a defendant when his appeal is still pending?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-06
Reply of petitioner Terreall McDaniel filed.
2020-01-24
Brief of respondent United States in opposition filed.
2019-12-12
Motion to extend the time to file a response is granted and the time is further extended to and including January 24, 2020.
2019-12-11
Motion to extend the time to file a response from December 26, 2019 to January 24, 2020, submitted to The Clerk.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 26, 2019.
2019-11-19
Motion to extend the time to file a response from November 25, 2019 to December 26, 2019, submitted to The Clerk.
2019-10-25
Response Requested. (Due November 25, 2019)
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Waiver of right of respondent United States to respond filed.
2019-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2019)

Attorneys

Terreall McDaniel
Dan GoldbergFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent