Harold A. Habeck, II v. United States
"Whether; Dean v. United States, 581 U.S. (2017) permits a district court the discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U.S.C. § 841, when the predicate is coupled with a violation of 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the 18 U.S.C. § 924(c) convictions."
"Did the United States Court of Appeals err, in allowing a district court judge, other than the judge who heard the case originally and continues to sit on the bench, to render a negative opinion in the collateral application made in this case, when the question presented was a "Dean Issue" calling for analysis as to the state of mind of the sentencing judge, that the third party deciding jurist below could not possibly have known".
Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U.S.C. § 841, when the predicate is coupled with a violation of 18 U.S.C. § 924(c)