No. 19-7417

Corey Michael Edwards v. United States

Lower Court: Fourth Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation
Latest Conference: 2020-02-21
Question Presented (from Petition)

Can a the breaking and entering of outbouildings (ie. storage Sheds), that were visably and actually padlocked from the outside, where no reasonable person, jurist or otherwise, could infer there were any inhabitants, be used as predicate offenses for the purpose of enhancing a sentence under the Armed Career Criminal Act (ACCA)?

Did the lower Court err when it looked behind Edward's Conviction for breaking and entering under North Crolina state law in search of record evidence that he actually committed the generic offense of "burglary" under the ACCA, and imposed 18 U.S.C.§ 922 (g)?

Was Edward's deprived the Sixth Amendment right to effective counsel because his attorney erroneously argued that the First Step Act of 2018 somehow changed the language of the AccA, rather then Correctly identify and argue the merits of the case

Question Presented (AI Summary)

Can a conviction in North Carolina state court involving the breaking and entering of outbuildings (storage sheds) that were visibly and actually padlocked from the outside, where no reasonable person could or would infer they were any inhabitants, be used as predicate offenses for the purpose of enhancing a sentence under the Armed Career Criminal Act (ACCA)?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Waiver of right of respondent United States to respond filed.
2019-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)

Attorneys

Corey Michael Edwards
Corey Michael Edwards — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent