No. 22-7014

Michael Hucks v. United States

Lower Court: Fourth Circuit
Docketed: 2023-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternate-sentence appellate-review armed-career-criminal-act circuit-split constitutional-notice criminal-procedure fourth-circuit guideline-errors harmless-error sentencing-guidelines sentencing-procedure
Latest Conference: 2023-04-14
Question Presented (from Petition)

I. Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all Guideline errors is in conflict with the jurisprudence of this Court.

II. Whether the Constitution requires notice or indictment and either an admission of or a jury's determination that a defendant's prior convictions were committed on different occasions as necessary to impose an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1).

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all Guideline errors is in conflict with the jurisprudence of this Court

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-21
Waiver of right of respondent United States of America to respond filed.
2023-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2023)

Attorneys

Michael Hucks
Mitchell Glenn StyersBanzet, Thompson & Styers, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent