No. 18-7266

Dymond Charles Brown v. United States

Lower Court: Tenth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment civil-procedure due-process equal-protection standing 14th-amendment civil-procedure civil-rights due-process equal-protection standing
Key Terms:
AdministrativeLaw HabeasCorpus Punishment Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the lower court erred in dismissing petitioner's claims for violation of their civil rights and due process rights under the 14th Amendment

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW : 1. Did the United States Sentencing Commission exceed their ‘ statutory authority under the Sentencing Reform Act of 1984, in Amendment 268, by replacing 18 U.S.C. § 16(b) definition for the term "crime of violence" with 18 U.S.C. § 924(e)'s definition for the term "violent felony." 2. Does the Sentencing Reform Act's 28 U.S.C. 994(h) mandate of a ‘ a sentence of imprisonment "at or near the maximum term "under the statute of conviction render the procedural guideline calculation ; used to arrive at that sentence a vehicle for increasing the minimum sentence that can be imposed under the statute of conviction. 3. Does Johnson, and Dimaya's invalidation of 18 U.S.C. § 16(b)'s risk of force clause render every civil or criminal statute defined oo by U.S.C. § 16(b), suchags 28 U.S.C. § 994(h) and § 924(c)(3)(b) : . unconstitutionally vague. . Y. Does the United Stedes Sentences Guicklines violate clue Process by Using Vhe ACCAS cesicdual clauye +e increase a guideline Sentence in eacess OF Fhe Steckubory Mafimum Under the count . of eonviction , ii

Docket Entries

2019-02-19
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent United States to respond filed.
2018-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Dymond Charles Brown
Dymond C. Brown Sr. — Petitioner
Dymond C. Brown Sr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent