No. 19-6775

James Marione Butchee v. United States

Lower Court: Eighth Circuit
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender controlled-substance criminal-history due-process federal-sentencing ineffective-counsel sentencing sentencing-guidelines statutory-interpretation violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Do having one violent felony and one controlled substance conviction qualify citizens to be a career offender?

Question Presented (from Petition)

QUESTIONS PRESENTED e The Federal Minimum Mandatory sentence for Career ; offender clause [21 USC 841(b)] is at question in this ~ petition, Do having one violent felony and one Controlled substance conviction qualify citizens to be a career offender knowing that the felonies are five years apart? e Did the Court give Mr. Butchee a upward departure base : of misrepresentation of the Career offender clause, which ; , give an example of how the career offender clause is to be . use, Is the Federal and States misinterpreting the (or) that is in the career offender clause? : e Do the (or) between the words violent offense “and” controlled substance meant to bring these crimes together to form a career offender out of Citizens? e Did the Federal Judge, prosecutor and assistance attorney miscalculate Mr. Butchee offense level base off misinterpretation of the career offender clause? , e Did Mr. Butchee attorney show evidence of ineffective counsel by not telling Mr. Butchee that he does not qualify as a career offender base off his criminal history 2255 , relief? Are the Federal and States prosecutors misinterpreting the , career offense clause by using the word “or” to combine two felonies such as one violent crime and one controlled substance to form a career offender in Mr. Butchee case? 2 of9 RELATED CASES UNITED STATES v. Mills, 375 F. 3d 2004; UNITED STATES v. Mau, 958 F. 234, 236 (3* Cir. 1992); U.S v. Gray, 581 F. 3d 749 (8" Cir. 2009); Beane v. U.S. 589 F. Appx. 805 8°" Cir.2014, : Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); U.S. v. Davidson, 437, F.3d 737 8"" Cir. 2006; U.S v. Lewis 609 F. Appx 890 (8"" Cir. 2015); United States v. Lewis, 477 Fed. Appx. 79 (4 Cir.2012) U.S v. Lynch, 477 F. 3d 993 (3" Cir 2007)

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent United States to respond filed.
2019-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

James M. Butchee
James Marione Butchee — Petitioner
James Marione Butchee — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent