AdministrativeLaw DueProcess HabeasCorpus
Whether the continued application of a vacated New York 'Youthful Offender' conviction constitutes an illegal sentence and creates separate classes of persons
QUESTIONS PRESENTED . QUESTION ONE: Whether the continued application of a vacated New York "Youthful Offender" conviction constitutes an illegal sentence and creates separate classes of persons in light of the Second Circuit's decision in United States v. Sellers, 784 F.3d 876 (2015) when statute prohibits the use of a vacated conviction? QUESTION TWO: Whether a "seriouos drug crime" requires an active term of imprisonment to serve as a predicate crime for purposes of filing an § 851 enhancement when the underlying predicate utilized only required probation in accord with the New York State Law? QUESTION THREE: Whether the utilization of a New York "Youthful Offender" adjudication violates the Full Faith & Credit Clause and a defendant's rights when he relies upon State Sovereignty? Petitioner Francis seeks habeas corpus relief pursuant to the All Writs Act (28 U.S.C. § 1651) where he asks this Court to consider his claims and arguments as articulated herein. Specifically, Petitioner asks this Court to remand his issues to the Second Circuit Court of Appeals to close the fissure within the District Courts and to promote the demanded application of law regarding the use of a New York , State youthful offender ad. judication. (i)