Harold A. Habeck, II v. United States
Privacy
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)
QUESTION PRESENTED: "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”. 2 ! A,