No. 20-6571

Antonio W. Smith v. M. Brecken, Warden

Lower Court: Fourth Circuit
Docketed: 2020-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 career-offender habeas-corpus judicial-discretion mandatory-minimum miscarriage-of-justice sentencing-guidelines statutory-interpretation
Latest Conference: 2021-01-15
Question Presented (from Petition)

Did the Fourth Circuit Appeals Court err by not hearing Petitioner's 28 U.S.C. §2241 petition on the merits where his misclassification as a career offender increased his mandatory U.S. Sentencing Guidelines range more than 13 years longer than the maximum sentence the court rightfully had discretion to order?

2) Did the Fourth Circuit Appeals Court err when denying Petitioner's request to have his habeas corpus petition heard on the merits by means of the savings clause in 28 U.S.C. §2255(e), and dismissing his 28 U.S.C. §2241 petition because §2255 was an inadequate and ineffective means to test the legality of Petitioner's detention, which was based on a sentence issued with an erroneously increased mandatory minimum?

3) Is the Fourth Circuit Appeals Court requirement that Petitioner continue to serve an enhanced sentence as a career offender bearing the stigma of a repeat violent offender and all its accompanying disadvantages a fundamental defect representing a miscarriage of justice, where he lacks the predicate felonies to justify such a characterization?

Question Presented (AI Summary)

Did the Fourth Circuit Appeals Court err by not hearing Petitioner's 28 U.S.C. §2241 petition on the merits

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent M. Brecken, Warden to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)

Attorneys

Antonio W. Smith
Antonio Smith — Petitioner
M. Brecken, Warden
Jeffrey B. WallActing Solicitor General, Respondent