No. 19-7562

Dalton Laquane Smith v. United States

Lower Court: Fourth Circuit
Docketed: 2020-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence armed-career-criminal-act career-offender categorical-approach drug-offenses fourth-circuit fourth-circuit-categorical-approach mathis-v-united-states rehaif-v-united-states serious-drug-offense serious-drug-offenses shular-v-united-states statutory-interpretation
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. b18-6662 (January 2019)

2. United States, 136 S.Ct. 2243 (2016).

3. Did this Court's intervening decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) support Mr. Smith's actual-innocence challenge to his conviction for violating 18 U.S.C. § 922(g)(1), 924(e)(1), the Armed Career Criminal Act?

Question Presented (AI Summary)

Does the Fourth Circuit's non-traditional definition of the categorical approach permit an overbroad definition of 'serious drug offenses' for career offender purposes?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-20
Waiver of right of respondent United States to respond filed.
2019-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)
2019-10-31
Application (19A476) granted by The Chief Justice extending the time to file until December 20, 2019.
2019-10-17
Application (19A476) to extend the time to file a petition for a writ of certiorari from October 21, 2019 to December 20, 2019, submitted to The Chief Justice.

Attorneys

Dalton Laquane Smith
Dalton Laquane Smith — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent