No. 19-7242

Bryan Whitehead v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c 5th-amendment conviction conviction-and-sentence crime-of-violence due-process fifth-amendment jury-determination residual-clause sentence sixth-amendment statutory-interpretation united-states-v-davis
Key Terms:
AdministrativeLaw DueProcess FifthAmendment HabeasCorpus Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual clause of 18 U.S.C. §924(c) in violation of United States v. Davis

Question Presented (OCR Extract)

QUESTION PRESENTED I. Whether the Petitioner was denied his Fifth Amendment right to due process of law by virtue of his conviction and sentence under the residual clause of 18 U.S.C. §924(c) in violation of United States v. Davis, __ US: 139 S.Ct. 2319, 204 L.Ed.2d 757 (2019)? 2. Whether the Petitioner was denied his Fifth and Sixth Amendment rights to have a jury decide whether the element of crime of violence under 18 U.S.C. §924(c) has been proven beyond a reasonable doubt in contravention of the holding in Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151 (2013)? i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States of America to respond filed.
2019-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Bryan Whitehead
Curt ObrontObront Corey, PLLC, Petitioner
Curt ObrontObront Corey, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent