No. 23-5154
Justin Christopher Smith v. United States
Response WaivedIFP
Tags: appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense
Latest Conference:
2023-09-26
Question Presented (from Petition)
1. Whether an appeal waiver can bar an attack on an enhanced statutory sentence?
2. Whether Petitioner's prior convictions for robbery and resisting arrest with violence were for offenses "committed on occasions different from one another" within the meaning of ACCA, section 924(e)(1), and Wooden v United States, 595 U.S. _ (2022)?
3. Whether counsel for Petitioner ineffective for not arguing that Petitioner's prior convictions for resisting arrest with violence were not violent felonies?
Question Presented (AI Summary)
Whether an appeal waiver can bar an attack on an enhanced statutory sentence?
Docket Entries
2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-25
Waiver of right of respondent United States to respond filed.
2023-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2023)
Attorneys
Justin Christopher Smith
Justin Christopher Smith — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent