No. 19-5108

Donald Covington v. United States

Lower Court: Fourth Circuit
Docketed: 2019-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-claims due-process eighth-amendment excessive-fines fourth-circuit sentencing sentencing-guidelines special-assessments standing statutory-claims
Key Terms:
Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the United States Court of Appeals for the Fourth Circuit err in denying the Petitioner the ability to have his substantive constitutional, statutory, and other legal claims addressed?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the United States Court of Appeals for the Fourth Circuit err in granting the government’s motion to dismiss by denying the Petitioner the ability to have his substantive constitutional, statutory, and other legal claims addressed, such constitutional, statutory, and other legal claims being of such a fundamental nature that grave injustice will result to Petitioner and similarly situated incarcerated persons if these claims are not addressed? Whether the law should be extended and/or modified to hold that United States Sentencing Guideline § 4B1.2 was unconstitutionally applied in this case due to it being the cause of Petitioner’s resentencing. Whether the law should be extended and/or modified to hold that the district court abused its discretion in finding that a sentence of seventy-seven (77) months was reasonable under the circumstances pursuant to 18 U.S.C. § 3553(a). Whether the district court’s imposition of two mandatory “special assessments” pursuant to 18 U.S.C. § 3013 violated the Petitioner’s Eight Amendment right against excessive fines.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-18
Waiver of right of respondent United States to respond filed.
2019-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)

Attorneys

Donald Covington
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent