No. 18-5105

Atnafu Ras Makonnen v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act career-offender categorical-approach due-process fifth-amendment predicate-offense sentencing-enhancement serious-drug-offense violent-felony
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether Makonnen's prior convictions for felony battery and attempted first-degree murder with a deadly weapon qualify as violent felonies under the Armed Career Criminal Act (ACCA), and whether his prior conviction for sale of cocaine qualifies as a serious drug offense under the ACCA

Question Presented (OCR Extract)

QUESTION PRESENTED Whether in its supervisory jurisdiction over the Courts of the United States, and based upon this Court’s clear precedent and the facts of record, this Court should find that Makonnen did not have the predicate offenses to justify imposition of a career offender enhancement, and thus is entitled to relief from the mandatory 15 year ACCA sentence that was imposed?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-29
Reply of petitioner Atnafu Makonnen filed. (Distributed)
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-04
Brief of respondent United States in opposition filed.
2018-08-27
Motion to extend the time to file a response is granted and the time is further extended to and including October 4, 2018.
2018-08-27
Motion to extend the time to file a response from September 4, 2018 to October 4, 2018, submitted to The Clerk.
2018-07-26
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2018.
2018-07-25
Motion to extend the time to file a response from August 2, 2018 to September 4, 2018, submitted to The Clerk.
2018-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Atnafu Makonnen
Sheryl Joyce LowenthalAttorney at Law, Petitioner
Sheryl Joyce LowenthalAttorney at Law, Petitioner