No. 23-6454

Darwin Dwayne Hutchins v. United States

Lower Court: Sixth Circuit
Docketed: 2024-01-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: career-offender cocaine-definition controlled-substance federal-vs-state-law non-violent-drug-crimes sentence-length sentencing-discretion sentencing-guidelines state-federal-definition
Latest Conference: 2024-02-16
Question Presented (from Petition)

1. Did the district court err when it counted Hutchins's
Ohio cocaine conviction as a controlled substance
offense to make him a career offender under the
Sentencing Guidelines when Ohio's definition of
cocaine covers more substances than the federal
definition of cocaine?

2. Was Hutchins's 327-month sentence "greater than
necessary" when it was at the top of the career
offender guideline sentence range and his current and
predicate convictions were for minor non-violent drug
crimes?

Question Presented (AI Summary)

Did the district court err in counting Hutchins's Ohio cocaine conviction as a controlled substance offense for career offender under the Sentencing Guidelines?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2024-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2024)

Attorneys

Darwin Dwayne Hutchins
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent