No. 19-8489

Jason Mitchell Abbo v. United States

Lower Court: Tenth Circuit
Docketed: 2020-05-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca acca-enhancement burden-of-proof criminal-justice due-process equal-protection juvenile-conviction predicate-offense sentencing sentencing-enhancement
Key Terms:
DueProcess
Latest Conference: 2020-06-11
Question Presented (from Petition)

#1. Does a Juvenile Conviction for "Possession" of a controlled substance qualify as a prior predicate conviction for an ACCA enhancement when 18 U.S.C. §924(e)(2)(C) only allows for application of a "violent felony" by a Juvenile?

Was the Appeals Court in error, and in violation of Congresses intent as stated in 18 U.S.C. §924(e)(1) by failing to apply said felonies had to be committed on occasions different from one another and distinct in time, and not arising from one criminal episode?

Is it a denial of a convicted Defendants Fifth Amendment Rights of Due Process and Equal Protection for a court to intentionally misapply and misconstrue the "actual number" of "qualifying" applicable convictions to wrongfully apply an enhanced ACCA sentence to said defendant?

When neither Appellant's Pre-Sentence Report (PSR), nor the Sentencing Court identified which clause, (elements, force, or residual clause) was applicable to defendant and enhanced defendants sentence solely on the recommendation and adoption of the PSR by the sentencing Court for an ACCA enhanced sentence. Is the Tenth Circuit's application of it's holding in United States v. Driscoll, 892 F.3d 1127 and United States v. Washington, 890 F.3d 891 an illegal burden shifting rule relieving the government of it's burden to prove which "clause" the government advanced at sentencing of the prior predicate offense for the ACCA sentence?

Question Presented (AI Summary)

Does a juvenile conviction for possession of a controlled substance qualify as a prior predicate conviction for an ACCA enhancement?

Docket Entries

2020-06-15
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-20
Waiver of right of respondent United States to respond filed.
2020-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2020)

Attorneys

Jason Mitchell Abbo
Jason Mitchell Abbo — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent