Johnathan Hawthorne v. United States
DueProcess
Whether the 'New Law' of the First Step Act made this an appeal 'Pipeline' case with First Step Act legal protections
QUESTION(S) PRESENTED “ I. Whether the "New Law" of the First Step Act, sign into law on Dec. 1 8, 2018 made this an appeal "Pipeline" case, that fall under the First Step Act new law legal protections. When Petitioner direct appeal was denied on Nov. 28, 2018, and the new law of the First Step Act enacted on Dec. 21, 2018? II. If the above question of law a "yes", then the First Step Act "new law" state: 1) Priors used for Armed Career Criminal Act enhancement must be "not" older then (15) years and 2) A jail sentence of one year and a month must be had for any prior or cannot be used to enhance a sentence under the ACCA of title 18: 924(E)(i). Does these two new laws apply to this case at Bar? Requiring resentencing as only legal cure. Ili. Whether Rutledge vs United States (S.ct.) at 517 U.S. 292 (1966) which states: "Sentence excessive based on greater punishment than the legislature intended, was violated in this case at Bar, which is a due process of law violation? IV. Was Burgett vs Texas (S.ct.) at 389 U.S. 109 (1967) which states: Sentence illegally enhanced based on prior convictions, which were unconstitutional violated in this case at Bar? Requiring the due process of law protection, and a resentence as a non-armed career offender? . i