No. 19-6363

David Pearson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Immigration JusticiabilityDoctri
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (AI Summary)

Did the court of appeals erroneously dispense with the requisite categorical analysis of predicate prior convictions?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the court of appeals, in rejecting petitioner’s claim that his sentencing counsel provided ineffective assistance by failing to challenge his armed career criminal sentence, erroneously dispense with the requisite categorical analysis of predicate prior convictions, where petitioner’s sentence enhancement was premised on the government’s shorthand descriptions of prior drug-offense conduct, with no reference to a corresponding statute or sentencing document, and where the underlying state-law drug statute the court of appeals assumed was applicable does not match the requisite categorical analogue under 18 U.S.C. § 924(e)(2)(A)? 2. Did the court of appeals erroneously conclude that petitioner’s guilty plea entered pursuant to a plea agreement waived any claim by petitioner as to ineffective assistance of counsel in failing to file a meritorious, case-dispositive motion to suppress evidence? 3. Did the court of appeals err in denying a certificate of appealability on a 28 U.S.C. § 2255 claim, premised on Roe v. Flores-Ortega, 528 U.S. 470 (2000), that counsel failed to meet a duty to properly advise petitioner regarding his direct appeal rights, where counsel affirmatively misadvised petitioner that if he appealed the government could retaliate and seek to increase his sentence? i INTERESTED PARTIES The are no parties interested in the proceeding other than those named in the caption of the appellate decision. ii

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Reply of petitioner David Pearson filed.
2020-02-14
Brief of respondent United States in opposition filed.
2020-01-10
Motion to extend the time to file a response is granted and the time is further extended to and including February 14, 2020.
2020-01-09
Motion to extend the time to file a response from January 15, 2020 to February 14, 2020, submitted to The Clerk.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
2019-12-12
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-14
Response Requested. (Due December 16, 2019)
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-31
Waiver of right of respondent United States to respond filed.
2019-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

David Pearson
Jacqueline Esther Shapiro — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent