No. 19-5141

William Wade v. United States

Lower Court: Tenth Circuit
Docketed: 2019-07-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924c-sentencing circuit-split constitutional-law criminal-justice criminal-procedure due-process johnson-dimaya physically-restrained-enhancement residual-clause sentencing statutory-interpretation supreme-court
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the 10th Circuit's declaration that the 924(c) 'residual' clause is unconstitutional requires resentencing when the sentencing court failed to specify which prong it relied on

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. The 10th Circuit has already declared that the 924(c) “residual” . clause is unconstitutional in light of this Courts Johnson v US and Sessions v Dimaya rulings. However, at the time of Sentencing of Wade, the Court failed to "specify which prong it relied on" |, ; to apply the 924(c). Therefore, does the Court get a "2nd Bite at the Apple", especially when the petitioner was sentenced : : "after Johnson had already came out"? ; 2. The Courts are "split" on "when and how" to apply the "physically — : restrained enhancement". Therefore, this Court should resolve , this "split" that is deprivina some individuals who are similiar in conduct but get sentenced in different circuits.(See U-.S.S.G 2B3.1(b)(4)(b) ) ; (i)

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-23
Waiver of right of respondent United States to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
William Wade
William Wade — Petitioner