David Elijah Smith v. United States
DueProcess
Did the petitioner's sentence for 18 U.S.C. 922(g) violate the statutory maximum?
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). _ ___