No. 21-5477

Clifford Senter v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act collateral-attack criminal-law due-process federal-procedure federal-sentencing non-existent-offense sentencing-enhancement state-conviction state-law
Latest Conference: 2021-10-08
Question Presented (from Petition)

Where state law holds that a particular offense is non-existent, but a defendant has a conviction for the non-existent offense, and a federal sentencing court seeks to rely on the offense to enhance a sentence under the Armed Career Criminal Act (ACCA), is the defendant's challenge to the court's reliance on that conviction an impermissible collateral attack?

Question Presented (AI Summary)

Where state law holds that a particular offense is non-existent, but a defendant has a conviction for the non-existent offense, and a federal sentencing court seeks to rely on the offense to enhance a sentence under the Armed Career Criminal Act (ACCA), is the defendant's challenge to the court's reliance on that conviction an impermissible collateral attack?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-09
Waiver of right of respondent United States to respond filed.
2021-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2021)

Attorneys

Clifford Senter
Alexandria DarbyOffice of the Federal Public Defender for the Northern District of Alabama, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent