No. 20-5622

Larry E. Starks, Jr. v. United States District Court for the Central District of Illinois

Lower Court: Seventh Circuit
Docketed: 2020-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender constitutional-rights criminal-procedure fifth-amendment judicial-discretion sentencing sentencing-enhancement statutory-interpretation tenth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (from Petition)

A. WHETHER THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT ERRED AND ABUSED ITS DISCRETION BY
TERMINATING THE INQUIRY AS TO WHETHER THE PETITIONER MET THE REQUIREMENTS TO HAVE THE WRIT
ISSUED ON THE GROUNDS THAT THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF
ILLINOIS COMMITTED AN EGREGIOUS...JUD-ICIALUUSURP 1ATION.jOF i'BOWER. WHEN THE DISTRICT COURT
RECORD CLEARLY REFLECTS THAT THE PETITIONER WAS UNLAWFULLY SENTENCED TO THE. CAREER OFFENDER
ENHANCEMENT BY AN ACT OF THE SENTENCING COMMISSION, NOT BY AN ACT OF CONGRESS, WHICH SEVERELY
VIOLATED THE PETITIONER'S CONSTITUTIONAL RIGHT'S UNDER THE FIFTH AMENDMENT AND THE TENTH
AMENDMENT.

Question Presented (AI Summary)

Whether the court of appeals erred in terminating the inquiry into whether the petitioner met the requirements for a writ of certiorari

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-14
Waiver of right of respondent United States to respond filed.
2020-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2020)

Attorneys

Larry E. Startks
Larry E. Starks Jr. — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent