No. 23-7458

In Re Michael David Hower

Lower Court: N/A
Docketed: 2024-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment
Latest Conference: 2024-06-13
Question Presented (from Petition)

Did the Courts below commit reversible err denying petitioners 2255 motion
without conducting an evidentiary hearing to resolve factual disputes?

Did the courts below commit reversible error requiring petitioners 2255 motion
conform to 28 USC 2255(h)?

Did the courts below commit reversible err denying review of petitioners
sentence when it was based on clearly erroneous and patently false claims
and enhancements of an acquitted charge?

Did the courts below violate the petitioners Fifth Amendment Due Process
and Sixth Amendment rights to a trial by jury by enhancing his sentence well
over 10 years based upon an acquitted charge/false claims of a future conviction?

Question Presented (AI Summary)

Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing?

Docket Entries

2024-06-17
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-16
Waiver of right of respondent United States to respond filed.
2024-05-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2024)

Attorneys

Michael Hower
Michael David Hower — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent