No. 18-9576

Alvin Weekly v. United States

Lower Court: Eighth Circuit
Docketed: 2019-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence blockburger-v-united-states cruel-and-unusual-punishment double-jeopardy eighth-amendment extraordinary-circumstances rule-60(b) rule-60b sentencing-review
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment and double jeopardy

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1 Does the Court of Appeals commit clear error _ when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment band on cruel and unusual punishment And double jeopardy in Contrast to the Supreme Court Ruling © : of Blockburger .v. United States, ? 11 Does a Rule 60 (b) motion give jurisdiction to a lower court when no other remedy is available or has been denied 4 -even though a claim of Actual Innocence was asserted under "Extarodinary,/ Circumstances" : 111 Is an Appeal waiver enfoceable to seek releif of an Illegal Sentence imposed by the district court or Knowingly Intelligently waived to move . the lower court of appeals for relief? . iv . Is a defendant's right violated by double jeopardy if the government charges a violation 21 U.S.C. §841 and §860"same conduct"relating to -——--a single offense within 1,000 feet of a school or includes “Duplicity"? . ii

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Waiver of right of respondent United States to respond filed.
2019-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Alvin Weekly
Alvin Weekly — Petitioner
Alvin Weekly — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent