No. 18-8493

Jeremel Remymartin Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-921 18-usc-922 appellate-review certificate-of-appealability constitutional-rights criminal-firearm-statute criminal-law-procedure due-process felon-in-possession firearms juvenile-delinquency juvenile-justice sentencing sentencing-procedure statutory-interpretation youthful-offender
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether a youthful offender conviction can be used for purposes of a felon-in-possession-of-a-firearm-and-ammunition statute

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER A YOUTHFUL OFFENDER CONVICTION CAN BE USED FOR PURPOSES OF A STATUTE UNDER 18 U.S.C. § 922(g)(1): WHERE THE PREYZOUS ADJUDICATION WERE JUVENILE DELINQUENCY ; SANCTIONS AND LATER VACATED AND RE-SENTENCED UNDER THE FLORIDA STATUTE OF YOUTHFUL OFFENDER TO TWO DIFFERENT TERMS OF IMPRISONMENT FOR THE SAME OFFENSES WHETHER 18 U.S.C. § 921(a)(20) APPLIES TO THE YOUTHFUL OFFENDER CONVICTIONS AND SANCTIONS WHERE THE STATE COURT SENTENCED PETITIONER TO TWO SEPARATE TERMS FOR THE SAME OFFENSES IN VIOLATION OF THE FLORIDA SENATE 2011 FLORIDA STATUTES WHICH CLEARLY STATES THAT THE COURT SHALL IMPOSE AN ADULT SANCTION OR A JUVENILE AND MAY NOT SENTENCE THE CHILD TO A COMBINATION OF ADULT AND JUVENILE PUNISHMENTS WHETHER 18 U.S.C. § 921(a)(20) APPLIES TO THE JUVENILE SANCTIONS PORTION OF THE FLORIDA SENATE 2011 FLORIDA. STATUTE WHERE IT STATES ADJUDICATION OF DELINQUENCY SHALL NOT BE DEEMED A CONVICTION, NOR SHALL IT OPERATE TO IMPOSE ANY OF THE CIVIL DISABILITIES ORDINARILY RESULTING FROM CONVICTION WHETHER THE ELEMENTH. CIRCUIT COURT OF APPEALS HAS MISAPPLIED THE STANDARD; SET FORTH IN MILLER-EL V. COCKRELL, 537.U.S. 322 (2003), AND BUCK Vv. DAVIS, 137 S.CT. 759 (2017), WHICH ALLows _ DEFENDANTS TO APPEAL ADVERSE § 2255 RULINGS THROUGH CERTIFICATE OF APPEALABILITY WHEN. :A PETITIONER MAKES A SHOWING THAT JURISTS OF REASON COULD DEBATE WHETHER THE DISTRICT COURT, WAS CORRECT IN ITS PROCEDURAL RULING WHETHER PETITIONER WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE REPRESENTED BY COUNSEL OF HIS OWN CHOICE, UNITED STATES Vv. GONZALEZ-LOPEZ, 126 S.CT. 2557 (2006) i

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-17
Petition for Rehearing filed.
2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-27
Waiver of right of respondent United States to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2019)

Attorneys

Jeremel Remymartin Smith
Jeremel R. Smith — Petitioner
Jeremel R. Smith — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent