No. 19-6775

James Marione Butchee v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender controlled-substance criminal-history due-process federal-sentencing ineffective-counsel sentencing sentencing-guidelines statutory-interpretation violent-felony
Latest Conference: 2020-01-10
Question Presented (from Petition)

The Federal Minimum Mandatory sentence for Career offender clause [21 USC 841(b)] is at question in this petition, Do having one violent felony and one Controlled substance conviction qualify citizens to be a career offender knowing that the felonies are five years apart?

Did the Court give Mr. Butchee a upward departure base of misrepresentation of the Career offender clause, which give an example of how the career offender clause is to be use, Is the Federal and States misinterpreting the (or) that is in the career offender clause?

Do the (or) between the words violent offense "and" controlled substance meant to bring these crimes together to form a career offender out of Citizens?

Did the Federal Judge, prosecutor and assistance attorney miscalculate Mr. Butchee offense level base off misinterpretation of the career offender clause?

Did Mr. Butchee attorney show evidence of ineffective counsel by not telling Mr. Butchee that he does not qualify as a career offender base off his criminal history 2255 - relief?

Are the Federal and States prosecutors misinterpreting the career offense clause by using the word "or" to combine two felonies such as one violent crime and one controlled substance to form a career offender in Mr. Butchee case?

Question Presented (AI Summary)

Do having one violent felony and one controlled substance conviction qualify citizens to be a career offender?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent United States to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

James M. Butchee
James Marione Butchee — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent