No. 18-8796

Larry Junior Copeland, aka La-La v. United States

Lower Court: Fourth Circuit
Docketed: 2019-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Should the Court of Appeals have granted a certificate of appealability on whether district court abused its discretion?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED QUESTION 1 This Court holds that when a habeas petitioner alleges facts that are outside the courtroom, and if proven, those facts entitle a petitioner to relief, then the district court must permit evidentiary proceedings. Mr. Copeland's allegations involve out-of-court, off-record facts that the government admits—— | show his sentence is three time greater than necessary. Yet, the district court did not conduct an evidentiary hearing. Should the Court of Appeals have granted , . a certificate of appealability on whether district court abused its discretion? QUESTION 2 The district court concluded that "Copeland's Fair Sentencing Act" claims were "not raised on direct appeal. The general rule of procedural default bars Copeland from presenting the claims under § 2255," Congress enacted the First Step Act that expressly provides for the Fair Sentencing Act to apply . retroactively. Does the enactment of a statute override : the procedural default doctrine?

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-29
Waiver of right of respondent United States to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)
2018-12-11
Application (18A607) granted by The Chief Justice extending the time to file until March 2, 2019.
2018-12-03
Application (18A607) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to March 2, 2019, submitted to The Chief Justice.

Attorneys

Larry Junior Copeland
Larry Junior Copeland — Petitioner
Larry Junior Copeland — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent