No. 20-5464

Dwayne Banks v. United States

Lower Court: Fourth Circuit
Docketed: 2020-08-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights death-penalty due-process habeas standing
Key Terms:
HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (from Petition)

ThE quUERNMeNt F1l2D
ReSpONSE T
the
7
pEtItINNEn's
2255 "2yNS AFTER ORDERRD by the POUt". ThE GUERNMES
ADMIts CONCEDES Hat
"It FoRgot". DID thE
Distaict
COURt ABasF Its DISCRNN by AllOUNg HhE GUFRNMENT'S
MOION/ReSPOrSE To bE ReIED ON IN DeNyItg
the PETtNERS
2255, WhEN It CONCEDES thAt it hAD "fORGt(se
APP'X C AND BANks hao oppoSeD thE
RESPONSE
The
COMMISSION
SEreNCINA
"CLARIFgING
ISSUFO
A
+ RetEOACTIUI AMONDMEN" IN REGARO To E
MINDR
MItIGA+ INg RUE REDUCTION [PRIOR TO BANKS SENtENCINS.
All pARtIes CoNCFDE
Hhat MR. BANk's plAyes A. MINDR
2yt 2202M4 3102
COUNst FAleD To Rise the
ReQuest Fon thE 2-4 Level Reouction At SErteaNg
WAS tE
Distnit COUEt ERR IN FANg
GriNt +hE
To
EVIDAIANY
HARING OR ReSENtENCING

Question Presented (AI Summary)

Whether the District Court abused its discretion by allowing the Petitioner's Motion/Response to be stricken and denying the Petitioner's request for a 2-day extension of the stay of execution

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent United States to respond filed.
Main Document
2020-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2020)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Dwayne Banks
Dwayne Banks — Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent