No. 18-6537

In Re Gerald Phillip Wooten

Lower Court: N/A
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado retroactive-application retroactivity sentencing sentencing-enhancement united-states-v-watts
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to cases on collateral review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Court should issue a writ of habeas corpus © on the ground that Nelson v. Colorado, has been or should be made retroactively applicable to cases on collateral review? 2. Whether the decision in Nelson v. Colorado has overruled — [sub silentio] the prior precedent in United States v. Watts. 3. Whether the use of acquitted conduct, or offenses for which there is no final conviction, to enhance a sentence, violates due process. ii. . .

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-07
Waiver of right of respondent UNITED STATES to respond filed.
2018-10-30
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

Gerald Phillip Wooten
Gerald Phillip Wooten — Petitioner
Gerald Phillip Wooten — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent