No. 18-6926

James Valentine v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-court-conflict circuit-court-review circuit-split controlled-substance controlled-substance-offense criminal-sentencing criminal-sentencing-enhancement drug-conviction due-process ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentence-enhancement sentencing-guidelines statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-29 (distributed 2 times)
Question Presented (AI Summary)

Did the Eleventh Circuit Court of Appeals commit error in applying 21 U.S.C. §851 sentence enhancement?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT “PLAIN AND OBVIOUS ERROR" BY ALLOWING THE UNITED STATES DISTRICT COURT, IN THE NORTHERN DISTRICT OF FLORIDA, TO APPLY THE ILLEGAL SENTENCE ‘ENHANCEMENT: PURSUANT TO 21 U.S.C. §851(a)(1) WHICH CHANGED PETITIONER'S SENTENCE FROM 10 YEARS TO A120 : YEARS . MANDATORY MINEMUM SENTENCE, WITHOUT APPLYING 21 U.S.C. §851(b) ? . (2) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT “PLAIN AND OBVIOUS ERROR" BY ALLOWING THE UNITED STATES DISTRICT COURT, IN THE NORTHERN DISTRICT OF FLORIDA, TO FAIL TO APPLY THE NEW CHANGE IN THE LAW FOR CALIFORNIA PRIOR FELONY DRUG CONVICTIONS PURSUANT TO "UNITED STATES v. LUIS © OCAMPO-ESTRADA, aka. LUIS ENRIQUE OCAMPO, 2017 U.S. App. LEXIS 16511; No. 15-50471 (August 29, 2017, Filed in the 9th Circuit Court of Appeals)" WHICH USES '"MATHTS v. UNITED STATES, 136 S.CT. 2243, 2249, 195 L.Ed.2d 604 (2016)" TO SUPPORT PETITIONER'S ARGUMENT THAT PETITIONER'S PRIOR CONVICTIONS UNDER CALIFORNIA HEALTH & SAFETY CODE SECTIONS. 11359 AND 11360 (CASE NUMBER: FWV17882) DO NOT QUALIFY AS A "CONTROLLED© SUBSTANCE OFFENSE. 7" . (3) DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT “PLAIN AND OBVIOUS ERROR" BY ALLOWING THE UNITED STATES DISTRICT COURT, IN THE NORTHERN DISTRICT OF FLORIDA, TO DENY PETITIONER'S INEFFECTIVE ASSISTANCE COUNSEL'S CLAIM PURSUANT TO STRICKLAND v. WASHINGTON, 466 U.S. 668 (1984) ? (4) IS THERE A CONFLICT BETWEEN THE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA CASE "UNITED.STATES. v. JERMON SHANNON, JR., aka. WINFIELD WINCHESTER ROYE, 631 F.3d 1187 (Januaty. 26, 2011, Filed in the 1ith Circuit Court of Appeals)" AND THE NINTH CIRCUIT COURT OF APPEALS IN CALIFORNIA CASE "UNITED STATES v. LUIS OCAMPO-ESTRADA, aka. LUIS ' ENRIQUE. OCAMPO, 2017 U.S. App. LEXIS 16511; No. 15-50471 (August 29, 2017, Filed in the 9th Circuit Court of Appeals)" fased on “What consti; tuté a "controlled substance offense" under §4B1.2(b).1°2" ii

Docket Entries

2019-04-01
Rehearing DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-01-25
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-13
Waiver of right of respondent United States to respond filed.
2018-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Attorneys

James Valentine
James Valentine — Petitioner
James Valentine — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent