No. 19-8034

Whitney Atkinson v. United States

Lower Court: Sixth Circuit
Docketed: 2020-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crack-cocaine drug-offense fair-sentencing-act first-step-act mandatory-minimum retroactive-application sentence-enhancement statutory-interpretation
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Did Mr. Atkinson receive a sentence for a covered drug offense, such that he should be eligible for retroactive application of the Fair Sentencing Act, in accordance with the provisions of the First Step Act, when the record reveals enhancement of Mr. Atkinson's sentence to account for the then-applicable five-year mandatory minimum sentence for a crack-cocaine charge against him that was ultimately dismissed?

Question Presented (OCR Extract)

QUESTION PRESENTED Did Mr. Atkinson receive a sentence for a covered drug offense, such that he should be eligible for retroactive application of the Fair Sentencing Act, in accordance with the provisions of the First Step Act, when the record reveals enhancement of Mr. Atkinson’s sentence to account for the then-applicable five-year mandatory minimum sentence for a crack-cocaine charge against him that was ultimately dismissed? i

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-23
Waiver of right of respondent United States to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Whitney Atkinson
Scott GrahamScott Graham PLLC, Petitioner
Scott GrahamScott Graham PLLC, Petitioner