No. 19-7420

In Re Adrean Francis

Lower Court: N/A
Docketed: 2020-01-27
Status: Denied
Type: IFP
IFP
Tags: criminal-justice-reform criminal-justice-system drug-crime due-process equal-protection full-faith-and-credit habeas-corpus second-amendment sentencing-enhancement state-sovereignty statutory-interpretation youthful-offender
Latest Conference: 2020-02-21
Question Presented (from Petition)

QUESTION ONE: Whether the continued application of a vacated New York "Youthful Offender" conviction constitutes an illegal sentence and creates separate classes of persons in light of the Second Circuit's decision in United States v. Sellers, 784 F.3d 876 (2015) when statute prohibits the use of a vacated conviction?

QUESTION TWO: Whether a "serious drug crime" requires an active term of imprisonment to serve as a predicate crime for purposes of filing an § 851 enhancement when the underlying predicate utilized only required probation in accord with the New York State Law?

QUESTION THREE: Whether the utilization of a New York "Youthful Offender" adjudication violates the Full Faith & Credit Clause and a defendant's rights when he relies upon State Sovereignty?

Question Presented (AI Summary)

Whether the continued application of a vacated New York 'Youthful Offender' conviction constitutes an illegal sentence and creates separate classes of persons

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2019-12-27
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Adrean Francis
Adrean Francis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent