No. 18-5576

DifAnkh Asar, aka James Walter Gist v. United States

Lower Court: Fourth Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca categorical-approach civil-rights constitutional-vagueness criminal-statute due-process fifth-amendment overbreadth overbreadth-doctrine sixth-amendment vagueness vagueness-doctrine
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Is South Carolina's Code Ann. 16-23-40 unconstitutional?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Guestion(s) Presented: (1) Is South Carolina's Code Ann. 16-23-40 Unconstitutional on its face, as applied to ° Petitioner, and when read in conjunction with other laws . : because its vague, indefinite, and overbroad, a violation ' of Petitioner's rights protected under the Fifth and Sixth . Amendment(s) to the United States Constitution? (2) Did the Fourth Circuit erroneously hold, in conflict with the decisions of this Court in Mathis, 136 S.Ct 2243 (2016), Descamps, 133 S.Ct. 2276 (2013), Curtis Johnson, 559 U.S. 133 (2010), and. Taylor, 495 U.S. 575 (1990) , that S.C. > pointing a firearm offense was a violent felony for the ACCA without employing an element-based categorical approach? (3) Is the Fourth Circuit in violation of the Rule set in Apprendi, Is it a violation of Sixth Amendment right to jury, to be enhanced for the ACCA for conduct not reflected in the Statute's elements or admitted to by . : Petitioner, at State level (4) Is the Fourth Circuit's . holding in King, 673 F.3d 274 (4th Cir. 2012), on its face, as applied to Petitioner, a judicial decision given Ex Post facto effect, a valid due process claim? a ; i .

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

DifAnkh Asar
Difankh Asar — Petitioner
Difankh Asar — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent