No. 19-38

Malcolm McGee v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-03
Status: Denied
Type: Paid
Response Waived
Tags: california-law federal-sentence-enhancement felony-drug-offense recidivist-sentence-enhancement recidivist-sentencing resentencing retroactive-reduction sentence-enhancement state-post-conviction state-post-conviction-remedy state-prison-sentence successful-attack
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

When does a state post-conviction remedy qualify as a 'successful attack' on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted?

Question Presented (OCR Extract)

QUESTION PRESENTED When does a state post-conviction remedy qualify as a “successful attack” on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted? ii RELATED CASES California v. Malcolm McGee, Superior Court of Los Angeles County, California. Judgment entered November 7, 1989. United States v. Malcolm McGee, No. 4-cr-00105, U.S. District Court for the Northern District of Oklahoma. Judgment entered April 19, 2001. United States v. Malcolm McGee, No. 01-5076, U.S. Court of Appeals for the Tenth Circuit. Judgment entered June 24, 2002. United States v. Malcolm McGee, No. 03-cv-885, U.S. District Court for the Northern District of Oklahoma. Judgment entered February 20, 2007. United States v. Malcolm McGee, No. 15-cv-00293, U.S. District Court for the Northern District of Oklahoma. Judgment entered January 30, 2018. United States v. Malcolm McGee, No. 18-5019, U.S. Court of Appeals for the Tenth Circuit. Judgment entered January 19, 2019.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent United States to respond filed.
2019-07-01
Petition for a writ of certiorari filed. (Response due August 2, 2019)

Attorneys

Malcolm McGee
Michael Stone RomanoStanford Law School Mills Legal Clinic Criminal De, Petitioner
Michael Stone RomanoStanford Law School Mills Legal Clinic Criminal De, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent