No. 18-7966

Desmond Smith v. J. A. Terris, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: armed-career-criminal-act constitutional-rights drug-offense generic-federal-offense generic-offense sentence-enhancement serious-drug-offense state-law-definition state-statute
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the ACCA's definition of a 'serious drug offense' imposes a sentence enhancement or make an exception when a state's definition of 'delivery and manufacture' makes a match with its generic offense by its use of specified means to satisfy its element without constitutional violations?

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW Whether the ACCA's definition.of a "serious drug offense'' imposes a sentence enhancement or make an exception when a state's definition of "delivery and manufacture" makes a match with its generic offense by its use of specified means to satisfy its element without constitutional violations? Whether the ACCA'imposes a sentence enhancement when a state's prior crime of conviction criminalizes "attempt" and "delivery" disjunctively in satisfying its relevant offense? Yet still create a match within the generic offense when the conduct itself is criminalized under its statute to a five-year maximum sentence without violating Petitioner's constitutional rights? : i

Docket Entries

2019-06-17
Rehearing DENIED.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-04-18
Petition for Rehearing filed.
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent Terris, Warden to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)
2018-10-05
Application (18A367) granted by Justice Kagan extending the time to file until December 9, 2018.
2018-09-11
Application (18A367) to extend the time to file a petition for a writ of certiorari from October 10, 2018 to December 9, 2018, submitted to Justice Kagan.

Attorneys

Desmond Smith
Desmond Smith — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent