No. 19-6142

Santo Leone v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness
Key Terms:
HabeasCorpus
Latest Conference: 2019-11-08
Question Presented (from Petition)

Whether district court abused its discretion by concluding motion to amend should be denied as untimely?

Whether district court erred when failure to apply the categorical approach to Petitioner's 1997 & 2009 prior marijuana drugs convictions?

Whether Petitioner's 1997 & 2009 marijuana drug convictions no longer qualifies as predicate offenses under § 851?

Whether Petitioner is eligible to receive relief under the First Step Act 201B, Section 401(a)(2)?

Whether Texas Health & Saftey Code Section § 481 is divisible that sets out one or more elements of the offense in the alternative?

Question Presented (AI Summary)

Whether district court abused its discretion by concluding motion to amend should be denied as untimely?

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Waiver of right of respondent United States to respond filed.
2019-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Santo Leone
Santo Leone — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent