No. 20-5832

Damon Graham v. United States

Lower Court: First Circuit
Docketed: 2020-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights due-process expectation-of-privacy habeas-corpus k-9-search sentencing-enhancement standard-of-review warrantless-search
Latest Conference: 2020-10-30
Question Presented (from Petition)

1) Whether the United States Court of Appeals for
the First Circuit abused it's discretion by
improperly denying Petitioner a certificate of
appealability on the conclusion that Petitioner
has failed to make a substantial showing of the
denial of a constitutional right?

2) Whether law enforcement committed an unconstitutional
search with a K-9 on a secured storage facility unit
before procuring a search warrant and violating
Petitioner's expectation of privacy when executing
the warrantless search by a K-9?

3) Whether the word "or" in the text of Connecticut
General Statute § 21a-277(a) makes the statute
disjunctive and automatically subject to the
modified categorical approach?

4) Whether Conspiracy, requiring an overt act or not,
could be used as a predicate for enhancement
purposes when applying the categorical approach and
does the United States Sentencing Commission possess
the power, to add the crime of 'Conspiracy' through
commentar y?

Question Presented (AI Summary)

Whether the United States Court of Appeals for the First Circuit abused its discretion by improperly denying Petitioner a certificate of appealability

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-10-01
Waiver of right of respondent United States to respond filed.
2020-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2020)

Attorneys

Damon Graham
Damon Graham — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent