No. 19-6313
Mario Ronrico Smith v. United States
Response WaivedIFP
Tags: ACCA-enhanced-sentence armed-career-criminal-act concurrent-sentence-doctrine criminal-sentencing de-novo-resentencing multi-count-conviction post-conviction-review sentencing-package-doctrine unconstitutional-sentence
Latest Conference:
2019-11-15
Question Presented (from Petition)
Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines?
Question Presented (AI Summary)
Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines
Docket Entries
2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-24
Waiver of right of respondent United States of America to respond filed.
2019-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2019)
Attorneys
Mario Smith
Robin M. Wolpert — Sapientia Law Group, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent