No. 21-5336

Theodore Howard v. United States

Lower Court: Seventh Circuit
Docketed: 2021-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c)(1)(A) 924(c)(1)(C) constitutional-rights criminal-sentencing due-process firearm-use fourteenth-amendment sixth-amendment statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether Mr. Theodore Howard/ was denied his United States Constitutional fourteenth/ and Sixth amendment due-process rights/ to fair notice of the indictment charges of "Use" of a firearm, which also resulted in Mr. Howard/ receiving an erroneous double/ 18 U.S.C. 924(c)(1)(A)/ Using and carrying a firearm, during and in relation to a crime of violence, stacking 18 U.S.C.924( c)(1)( C), 35 years consecutive imprisonment sentence, on the same indictment, before Mr. Howard, had a prior 18 U.S.C. 924(c)(1)(A), conviction that was final. When the trial jury was erroneously Instructed by jury istruction. On the element of "Use" and convicted. Mr.Howard , of "Use" of a firearm on counts Three and Sixth of the Indictment, In the case United States V. Theodore Howard, without the'government proving Mr. Howard,case No. 07-Cr~674, "Active Employ ment" the firearm.

2. Whether Mr. Theodore Howard, violation of 1992(a)(6) qualify categorically as a'- Crime of violence for the purpose of 18. U.S.C. 924(c) (1)(A) ,see United States V. Borden, 140 S.Ct. (Mar 2, 2020) Granting petition for writ of certiorari. 1262,

Question Presented (AI Summary)

Whether Mr. Theodore Howard was denied due-process rights, to fair notice of indictment charges

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Waiver of right of respondent United States to respond filed.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2021)

Attorneys

Theodore Howard
Theodore Howard — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent