No. 18-8148

Johnathan Hawthorne v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appeal armed-career-criminal-act constitutional-interpretation due-process first-step-act new-law pipeline resentencing retroactive-application retroactivity sentencing sentencing-enhancement
Key Terms:
DueProcess
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the 'New Law' of the First Step Act made this an appeal 'Pipeline' case with First Step Act legal protections

Question Presented (OCR Extract)

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

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-05-24
Brief of respondent United States in opposition filed.
2019-04-17
Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2019.
2019-04-16
Motion to extend the time to file a response from April 24, 2019 to May 24, 2019, submitted to The Clerk.
2019-03-25
Response Requested. (Due April 24, 2019)
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
Waiver of right of respondent United States to respond filed.
2019-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Johnathan Hawthorne
Johnathan Hawthorne — Petitioner
Johnathan Hawthorne — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent