No. 19-5770

Danny Lee Banks v. United States

Lower Court: Sixth Circuit
Docketed: 2019-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fifth-amendment fourteenth-amendment johnson-precedent residual-clause sentencing sixth-amendment unconstitutional unconstitutional-sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Did the appeals court and district court violate bank's fifth, sixth and fourteenth amendment rights by upholding a sentence that was based on the unconstitutional residual clause

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , 1) DID THE APPEALS COURT AND DISTRICT COURT VIOLATE BANK'S. FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS BY UPHOLDING A SENTENCE THAT WAS BASED ON THE UNCONSTITUTIONAL RESIDUAL CLAUSE. JOHNSON V. UNITED STATES, 135 S. Ct. 2551 (2015), See Shepard documents Exhibits (A) and (B) 2) HOW DID THE APPEALS COURT AFFIRM BANKS 28 U.S.C. § 2255 _— MOTION OUTSIDE OF THE STATUTE THAT BANKS WAS CONVICTED : TENN. CODE ANN. 1989 ; . ° . wt , aoe "7 .

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent United States to respond filed.
2019-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Danny Banks
Danny Lee Banks — Petitioner
Danny Lee Banks — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent