No. 19-6496

David Elijah Smith v. United States

Lower Court: Fourth Circuit
Docketed: 2019-11-05
Status: GVR
Type: IFP
IFP
Tags: apprendi-v-new-jersey blakely-v-washington criminal-law criminal-procedure due-process firearm-statute haymond-v-united-states mens-rea sentencing sentencing-guidelines statutory-maximum
Key Terms:
DueProcess
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did the petitioner's sentence for 18 U.S.C. 922(g) violate the statutory maximum?

Question Presented (from Petition)

QUESTION(S) PRESENTED . (1) DID THE PETITIONER'S SENTENCE FOR 18 U.S.C. 922(g) VIOLATE THE STATUTORY MAXIMUM IN VIOLATION OF BLAKELY V. WASHINGTON, 542 U.S. 296, 304; APPRENDI V. NEW JERSEY, 530 U.S. 99; WHERE THE PETITIONER | WAS SENTENCED TO 120 MONTHS AND 36 MONTHS FOR SUPERVISED RELEASE, A . TOTAL OF 156 MONTHS. SEE E.G. HAYMOND V. UNITED. STATES, NO. 17-1672, JUNE 26, 2019. : (2) DID THE PETITIONER KNOW, THAT FINDING MENS-REA OF KNOWING IN A GUN, OR FIREARM STATUTE, 18 U.S.C. 922(g) AND (k). SEE, E.G. REHAIF V. UNITED: STATES, NO. 17-9560, S.CT. JUNE 21, 2019. (3) DID THE DISTRICT COURT AND APPEALS COURT ERROR WHEN THE PETITIONER STATED, THAT IT WAS OVER 30 ERRORS INSIDE THE. PRESENTENCE REPORT, IN VIOLATION OF DUE PROCESS OF LAW AND TOWNSEND V. BURKE, 334 U.S. 736 (1948). _ ___

Docket Entries

2020-03-27
JUDGMENT ISSUED.
2020-02-24
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 <i>Rehaif v. United States</i>, 588 U. S. ___ (2019).
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-06
Memorandum of respondent United States filed.
2019-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020.
2019-11-26
Motion to extend the time to file a response from December 5, 2019 to January 6, 2020, submitted to The Clerk.
2019-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2019)

Attorneys

David Elijah Smith
David Elijah Smith — Petitioner
David Elijah Smith — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent