No. 19-6313

Mario Ronrico Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2019-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ACCA-enhanced-sentence armed-career-criminal-act concurrent-sentence-doctrine criminal-sentencing de-novo-resentencing multi-count-conviction post-conviction-review sentencing-package-doctrine unconstitutional-sentence
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Johnson v. United States, 135 S. Ct. 2551 (2015), this Court declared unconstitutionally vague the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B) (ii) “ACCA”). The question presented is: . 1. | Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines? i INTERESTED PARTIES There are no

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-24
Waiver of right of respondent United States of America to respond filed.
2019-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2019)

Attorneys

Mario Smith
Robin M. WolpertSapientia Law Group, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent