No. 23-7461

Shane A. Fox v. United States

Lower Court: Sixth Circuit
Docketed: 2024-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender criminal-law drug-conspiracy due-process evidentiary-hearing inchoate-offense sentencing-enhancement statutory-maximum statutory-maximum-penalty
Key Terms:
HabeasCorpus
Latest Conference: 2024-06-06
Question Presented (from Petition)

I. WHETHER THE INCHOATE OFFENSE OF ENGAGING IN A
ILLEGAL DRUG CONSPIRACY CONSTITUTES A SERIOUS
DRUG OFFENSE FOR PURPOSES OF INCREASING A
DEFENDANT"S STATUTORY MAXIMUM PENALTY AS A
CAREER OFFENDER?

2. WHETHER THE PETITIONER WAS DEPRIVED OF DUE
PROCESS WHEN NO EVIDENTIARY HEARING WAS HELD?

Question Presented (AI Summary)

Whether the inchoate offense of engaging in an illegal drug conspiracy constitutes a serious drug offense for purposes of increasing a defendant's statutory maximum penalty as a career offender?

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-20
Waiver of right of respondent United States to respond filed.
2024-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2024)

Attorneys

Shane A. Fox
Shane A. Fox — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent