No. 19-6600

Barry Lernard Davis v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in his COA brief, did the Courts below abuse there discreation when denying. Petitoner's sentencing issue without adressing sentecing evidence fully litigating his claim?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1, Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in his COA brief, did the Courts below abuse there discreation when denying. Petitoner's sentencing issue without adressing sentecing evidence fully litigating his claim ? 2, Is the lower Courts being bias, and prejudice, preventing Petitioner from presenting his evidence-he putforth .22.5.: attached to his 2255 Motion, and 60(b) 1-6 Motion ? 3, Where the Fifth Circuit Court of Appeals barred Petitioner from litigating his sentencing claim, when =the Fifth Circuit Court, requested evidnece, does being barred work a manifest injustice 2? ~ 4, In (United States v. Davis) (No.10-20794)(5th Cir. ; December 12, 2011), Petitioner's first direct appeal the Fifth circuit Court of Appeals ruled, that it was # 2 loo: Petitioner's burden to provided evidence to overcome the preseumption of reliablity in the PSR, whereby, petitioner has attempted to present seftencing evidence, and the Court's failed to review the evidence is the Fifth Circiut Cinficting with it own ruling ? 5, Where the Fifth Circuit Court denied petitioner's 60(b) Motion and failed to even cite Rule 4 and Rule 5, .and Petitioner's sentencing evidence state's certified motion ~allegation in his PSR, in the Fifth Circuit Court 3... conflicting with Gonazalez v. Crosby, 545 U.S.524 June 23, 2002 ? 6, Should the PSR, be used to enhance sentences offense levels with out sufficent evidence ? 7; Is there a defect in the ‘integrity of petitionr's sentencing proceedings; where the fifth circuit Court sand the district Court, mistake, overlooked, petitioner's sentencing evidence his ‘Affidavits and State's Certified Motion to dismiss allegation in his PSR ? 8, Is the lower Courts in complyance with Rule governing -2255 and 60(b) 1-6 proceedings ? 9, Has Petitioner demonstrated a substantial showing to be granted a COA, and:to overcome the PSR's allegations with his Affidavit, and, State's Certified Motion to Dismiss allegation in his PSR ? 10, Did the Courts below commit revesable err denying Petitioner's 60 (b)1-6, Motion without conducting an evidentiary hearing to resolve the factual disputes ? | | | |

Docket Entries

2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-20
Waiver of right of respondent United States to respond filed.
2019-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)

Attorneys

Barry Lernard Davis
Barry Lernard Davis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent