Clarence Darnell Marshall v. United States
DueProcess HabeasCorpus
Whether the Eleventh Circuit applied a heightened standard to the Defendant's request for Certificate of Appealability
QUESTION(S) PRESENTED : 1. Whether the Eleventh Circuit applied a heightened standard to the Defendant's request for Certificate of Appealability in violation of the Supreme Court's decision in Buck v. Davis, 137 S. Ct. 759, 773, 197 , L. Ed. 2d 1 (2017) ? . 2. Whether the Eleventh Circuit in conjunction with the district court violated Petitiner's Due Process under the Fifth Amendment by treating the career .. offender Guideline under ยง 4B1.1 post-Booker as โโ mandatory ? 3. Whether the rule of lenity should appy to post-Booker Sentencing Giudelines that are hopelessly vague ? .