Vicente Garcia v. United States
HabeasCorpus
Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights
QUESTIONS PRESENTED {1] WHETHER THE SEVENTH CIRCUIT COURT OF APPEALS ERRED IN ITS HOLDING THAT GARCIA HAD FAILED TO SHOW A DENIAL OF HIS CONSTITUTIONAL SIXTH AMENDMENT RIGHTS, WHEN [ANOTHER PANEL] OF THIS CIRCUIT COURT HELD THAT "AN ATTORNEY'S FAILURE TO OBJECT TO AN ERROR IN THE COURT'S GUIDELINES CALCULATION THAT RESULTS IN A LONGER SENTENCE FOR THE DEFENDANT CAN. DEMONSTRATE CONSTITUTIONALLY INEFFECTIVE PERFORMANCE? [2] WHETHER THE SEVENTH CIRCUIT CCURT OF APPEALS ERRED IN HOLDING THAT JOHNSON v. UNITED STATES, 135 S.Ct.-2551 (2015) WAS INAPPLICABLE TO GARCIA'S ARGUMENT --THAT HIS CONVICTION UNDER 18 ; U.S.C. § 924(c) WAS NOW INVALID--, WHEN THE DISTRICT COURT OMITTED FROM IT'S ANALYSIS THE "CAUSING [ANY] INJURY" ELEMENT , FROM THE ILLINOIS STATUTE FOR "AGGRAVATED BATTER WITH A FIREARM IN VIOLATION OF 720 1.L.C.S. 5/12-4.2? , i