No. 22-7461

Detrick Devone Daye, aka Carter v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender categorical-approach constitutional-rights drug-felony first-step-act ineffective-assistance sentencing-enhancement serious-drug-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-06-01
Question Presented (from Petition)

I
Whether the new statutory definition of the term "serious drug felony" set
forth in Section 401(a)(1) of the First Step Act of 2018, and codified in 21 U.S.C.
§802(57), would also apply when deciding whether a prior drug conviciton would
qualify as a predicate offense to support a career offender designation and
enhancemnet of a defendant under U.S.S.G. §4B1.1:;

II
Whether trial and appellate^counsels rendered ineffective assistance in violation
of the Defendnat's Constitutional rights when both counsels failed to argue that
the defendnat's two prior state controlled substance offenses did not qualify as
predicate offenses to support a career offender designation and enhacement of the
defendnat under that section of the Guidleines.

Question Presented (AI Summary)

Whether the new statutory definition of 'serious drug felony' in the First Step Act applies to career offender enhancements

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-10
Waiver of right of respondent United States to respond filed.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)

Attorneys

Detrick D. Daye
Detrick Devone Daye — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent