No. 19-8469

Viengxay Chantharath v. United States

Lower Court: Eighth Circuit
Docketed: 2020-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-851 career-offender collateral-review criminal-procedure drug-convictions first-step-act mandatory-minimum retroactive-application sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-06-04
Question Presented (from Petition)

Whether the First Step Act (FSA-2018) "altered "the statutes:
21 U.S.C.§ 841(a) (1)(b)(1) (A)-(B) also (C) for the prior drugI.
con
victions that qualified a notice §851 enhancement. Section 401 ,
Title IV of above statutes; therefore,
it is retroactively applying to cases on collateral reviews,;, is it
correct?

Section 401, Title IV of FSA-2018 ended the mandatory life
enhancement imposed on Petitioner who was classified to be a career
offender by §851 application due to his two prior drug convictions
and third drug conviction charged him under §841(a)(l) same; thus
Section 401 made it retroactively eligible for him under FSA-2018,
not Section 404 which the U.S District Court relied upon and denied
his §3582(c) petition, is that correct?

II.

III. Section 404, Title IV of FSA-2018 is retroactively applying
to the Fair Sentencing Act of 2010 which previously was not. The
statutory languages of both Sections 401 and 404 is clearly defined
that Petitioner's case is retroactively eligible to apply a benefit
from FSA-2018 under Section 401, not 404. Therefore, the U.S District
erroneously applied Section 404 upon petitioner herein is not correct?

Question Presented (AI Summary)

Whether the First Step Act (FSA-2018) altered the statutes: 21 U.S.C. § 851 enhancement for prior drug convictions

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-06-16
Petition for Rehearing filed.
2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-18
Waiver of right of respondent United States to respond filed.
2020-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Viengxay Chantharath
Viengxay Chantharath — Petitioner