No. 18-8261

Cordell Berry v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender career-offender-enhancement certificate-of-appealability collateral-review federal-rules-civil-procedure legal-error mathis-retroactivity mathis-v-united-states procedural-reasonableness rule-59-motion sentencing-guidelines sentencing-guidelines-4b1.1 sentencing-guidelines-enhancement sentencing-guidelines-miscalculation
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the court of appeals committed clear legal error when it denied a certificate of appealability (COA), on my challenge to the application of a career offender enhancement under the Sentencing Guidelines

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the court of appeals committed clear legal error when it denied a certificate of appealability (COA), on my challenge to the application of a career offender enhancement under the Sentencing Guidelines, (U.S.S.G.) ยง 4B1.1. 2. Whether the court of appeals committed clear legal error when it denied a (COA), on my claim reasonable jurist could debate whether United States v. : : McNeal was wrongly decided, or the issue presented was adequate to deserve encouragement to proceed further. โ€˜ , 3. Whether the district court exceeded scope of COA analysis by inverting the statutory order of operations. 4. Whether the district court abused its discretion when it denied my motion for relief under Rule 59(e) of Federal Rules Civil Procedure. ii โ€˜

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent United States to respond filed.
2019-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)

Attorneys

Cordell Berry
Cordell Berry — Petitioner
Cordell Berry — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent