No. 18-9782

Carlous Lindell Daily v. United States

Lower Court: Eighth Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-USC-924(c)(3)(B) 18-usc-924c constitutional-rights crime-of-violence ineffective-assistance ineffective-assistance-of-counsel Johnson johnson-precedent johnson-v-united-states resentencing sentencing sentencing-error statutory-interpretation statutory-maximum USSG-4B1.2
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the lower court(s) erred in concluding that petitioner did not suffer ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED : . (1). Whether The Lower Court(s) Erred In Concluding That Petitioner Did Not Suffer Ineffective Assistance Of Counsel At His Resentencing And On Appeal .Of His Resentencing: . (a). In Light Of Shepard?; and . (b). Whether A Sentence Which Exceeds The : Statutory Maximum, Is Harmless Error? . (2). Whether’ The Lower Court(s) Erred In Concluding ' That Petitioner's Instant And Predicate : . Offense(s) Qualify As A Crime Of Violence , For Purposes Of . U.S.S.G. § 4B1.2? . (3). Whether The Lower Court(s) Erred In Concluding That: ; (a). Even Applying Johnson To § 924(c), : Petitioner's Conviction would Still Stand?; ; (b). The Language In 18 U.S.C. § 924(c) (3) (B), Similar To ACCA's Residual Clause, Is Not . Void For Vagueness In Light Of Johnson? (4). Whether The Lower Court(s) Erred In Concluding That Petitioner Failed To Make A Substantial Showing Of The Denial Of A Constitutional Right? : : ‘These Questions Are Collectively Addressed Respecting The Arguments Petitioner Makes Herein. . i : : . No:IN THE SUPREME COURT OF THE UNITED STATES . PETITION FOR WRIT OF CERTIORARI

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent United States to respond filed.
2018-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)
2018-04-18
Application (17A1130) granted by Justice Gorsuch extending the time to file until June 18, 2018.
2018-04-07
Application (17A1130) to extend the time to file a petition for a writ of certiorari from April 19, 2018 to June 18, 2018, submitted to Justice Gorsuch.

Attorneys

Carlous L. Daily
Carlous Lindell Daily — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent