No. 19-780

Willie Newton v. United States

Lower Court: Seventh Circuit
Docketed: 2019-12-17
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure custis-v-united-states drug-offense due-process federal-sentencing habeas-corpus johnson-v-united-states post-conviction-relief prior-conviction proposition-47 sentence-enhancement sentencing state-law state-sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-01-17
Question Presented (AI Summary)

Under what circumstances is successful post-conviction litigation a 'successful attack' on a prior state sentence?

Question Presented (from Petition)

QUESTION PRESENTED In Johnson v. United States, 544 U.S. 295 (2005), and Custis v. United States, 511 U.S. 485 (1994), this Court held that a defendant who “successfully attacks” a prior sentence or sentence may return to federal court to reopen a subsequent federal sentence that was enhanced on the basis of the prior sentence. Under what circumstances is successful post-conviction litigation a “successful attack” on a prior state sentence? ii RELATED CASES Eastern District of Wisconsin Doc. #134 U.S. v. Willie J. Newton, Jr. Case no. 00-cr-00242-LA-4 12/10/01 — judgment entered Eastern District of Wisconsin Doc. #7 U.S. v. Willie J. Newton, Jr. Case no. 14-C-739, 00-CR-242 8/29/14 — judgment entered Eastern District of Wisconsin Doc. #6 Willie J. Newton, Jr. v. US. Case no. 04-cv-00718-LA 10/25/04 — judgment entered Eastern District of Wisconsin Doc. #3 US. v. Willie Newton, Jr. Case no. 06-cv-01122-RTR 10/27/06 — judgment entered US. Court of Appeals for the Seventh Circuit US. v. Willie Newton, Jr. Case no. 07-1525 7/13/07 — judgment entered dismissing appeal US. Court of Appeals for the Seventh Circuit Doc. #17 U.S. v. Willie J. Newton, Jr. Case no. 17-3096 9/17/19 — judgment entered denying rehearing en banc

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-26
Waiver of right of respondent United States to respond filed.
2019-12-13
Petition for a writ of certiorari filed. (Response due January 16, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Willie Newton
Michael Stone RomanoStanford Law School Mills Legal Clinic Criminal De, Petitioner
Michael Stone RomanoStanford Law School Mills Legal Clinic Criminal De, Petitioner