No. 18-6301

Darrell Lynn Dancy v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals-court armed-career-criminal-act controlled-substance criminal-procedure district-court factual-innocence predicate-offense sentencing-enhancement unlawful-distribution
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether the Appeals Court and District Court erred by failing to address Petitioner's factual innocence claim

Question Presented (OCR Extract)

question presented is whether the Appeals Court and District Court err by failing to address Petitioners factual innocence claim. The second question presented is whether Dancy properly presented a claim of factual innocence of the offense, unlawful distribution of controlled substance, by the fact that no controlled substance enumerated in I through V exist, in one of the counts in CC-2002-808. The third question presented is whether the Armed Career Criminal Act (ACCA) has a factual innocence exception which invalidates the ACCA enhancement, when the ‘defendant provided clear and convincing evidence that he did not commit the crime or enter the conduct that serves as the predicate for the enhanced portion of the ; sentence, .

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent United States to respond filed.
2018-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

Darrel Dancy
Darrel Lynn Dancy — Petitioner
Darrel Lynn Dancy — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent