No. 19-5217

Lavares Detroen Watkins v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-17
Status: GVR
Type: IFP
IFP
Tags: ACCA-enhancement actual-innocence AEDPA armed-career-criminal-act due-process habeas-corpus sentencing statutory-maximum time-bar
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Whether due process is violated when a court sentences a defendant to a term of imprisonment that exceeds the otherwise-applicable statutory maximum sentence authorized by Congress for the crime

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER DUE PROCESS IS VIOLATED WHEN A COURT SENTENCES A DEFENDANT TO . A TERM OF IMPRISONMENT THAT EXCEEDS THE STATUTORY : MAXIMUM SENTENCE AUTHORIZED BY CONGRESS FOR THE CRIME; WHERE THE DEFENDANT’S FLAT, CATEGORICAL INELIGIBILITY FOR HIS ACCA-ENHANCED SENTENCE ' WOULD SUFFICE TO EXCUSE THE TIME BAR BY THE APPLICABLE ONE-YEAR STATUTE OF LIMITATION, PURSUANT! TO THE AEDPA, UNDER 28 U.S.C. § 2255(£)(3), PUR“W/ SUANT THE "ACTUAL INNOCENT" EXCEPTION AND DOCIRINE, IN LIGHT OF SAWYER oy. WHITLEY, 505 U.S. 333, 112 S.Ct. 2514, 120 L.Ed.2d 269 (1992)?

Docket Entries

2019-11-22
JUDGMENT ISSUED.
2019-10-21
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-22
Reply of petitioner filed.
2019-09-16
Brief of respondent United States in opposition filed.
2019-08-23
Supplemental brief of petitioner Lavares Detroen Watkins filed.
2019-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2019.
2019-08-06
Motion to extend the time to file a response from August 16, 2019 to September 16, 2019, submitted to The Clerk.
2019-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2019)

Attorneys

Lavares Detroen Watkins
Lavares Detroen Watkins — Petitioner
Lavares Detroen Watkins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent