No. 18-5525

Jonathan E. Jouette v. United States

Lower Court: Fifth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act categorical-approach charging-instrument constitutional-rights criminal-procedure due-process enhanced-sentencing felon-in-possession fifth-amendment fourteenth-amendment sentencing-enhancement taylor-v-united-states
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether application of the Taylor rule bars consideration of materials beyond the charging instrument in determining a defendant's qualification for enhanced sentencing under the Armed Career Criminal Act, violating the petitioner's Fifth and Fourteenth Amendment rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether application of the rule pronounced in Taylor v. United States, 495 U.S. 575, 598, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), barring the sentencing court from considering materials other than the charging instrument in determining a defendant’s qualification for enhanced sentencing under 18 USC 924(e), the Armed Career Criminal Act, when charged with being a felon in possession of a firearm in violation of 18 USC 922(g)(1), results in violation of the petitioner’s substantive and procedural rights guaranteed by the United States Constitution, Fifth and Fourteenth Amendments, as applied to petitioner. Whether the evidence supported a finding that the petitioner’s convictions for burglary of a pharmacy and distribution of narcotics were sufficiently separated by time and space to be considered two separate convictions, as required to be qualifying convictions for purposes of imposing an enhanced sentence under 18 USC 924(e), the Armed Career Criminal Act. Pg. 2

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent United States to respond filed.
2018-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Jonathan Jouette
Joseph Kelsey Scott IIIAttorney at Law, Petitioner
Joseph Kelsey Scott IIIAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent