No. 18-7920

Harold A. Habeck, II v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2019-03-15
Question Presented (AI Summary)

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 (OCR Extract)

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,

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2019-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Harold Habeck
Harold Habeck II — Petitioner
Harold Habeck II — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent