No. 18-1550

Gilberto Ramos v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-19
Status: Denied
Type: Paid
Response Waived
Tags: due-process federal-sentence-enhancement federal-sentencing habeas judicial-review legal-remedy post-conviction-remedy prior-state-sentence proposition-64 resentencing retroactive-relief sentence-enhancement state-conviction state-post-conviction-remedy state-sentence successful-attack
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

When does a state post-conviction remedy qualify as a 'successful attack' on a prior state sentence, such that a subsequent federal sentence enhancement is invalidated, and resentencing is warranted?

Question Presented (OCR Extract)

QUESTION PRESENTED When does a state post-conviction remedy qualify as a “successful attack” on a prior state sentence, such that a subsequent federal sentence enhancement is invalidated, and resentencing is warranted?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-07-02
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari filed. (Response due July 19, 2019)

Attorneys

Gilberto Ramos
Michael Stone RomanoStanford Law School, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent