Jason Mitchell Abbo v. United States
DueProcess
Does a juvenile conviction for possession of a controlled substance qualify as a prior predicate conviction for an ACCA enhancement?
QUESTION(S) PRESENTED #1. “Does a Juvenile Conviction for "Possession" of a controlled substance . ’ qualify as a prior predicate conviction for an ACCA enhancement when | 18 U.S.C. §924(e)(2)(C) only allows for application of a "violent felony" | , by a Juvenile? ; | #2. Was the Appeals Cour't: in error’, and in violation of Congresses intent ! as stated in 18 U.S.C. §924(e)(1) by failing to apply said felonies -had ‘ ! ‘to be committed on occasions different from one another and distinct in : ~time, and not. arising from one criminal episode? oo #3. Is it a denial of a convicted Defendants Fifth Amendment Rights of Due : Process and Equal Protection for a court to intentionally misapply and ; misconstrue the "actual number" of. "qualifying" applicable convictions "to wrongfully apply an enhanced ACCA sentence to said defendant? : #4. When neither Appellant's Pre-Sentence Report (PSR), nor the Sentencing : Court identified which clause, (elements, force, or residual clause) was fa ae applicable to defendant and enhanced defendants sentence solely on the 1 recommendation and. adoption of the PSR by the sentencing Court for an — it ACCA enhanced sentence. Is the Tenth Circuit's application of it's . holding in United States_v. Driscoll, 892 F.3d 1127 and United States. v. . “Washington, 890 F.3d 891 an illegal burden shifting rule relieving the : government of it's burdefi to prove which "clause" the government. advanced ve oo at sentencing of the prior predicate offense for the ACCA sentence? an . This ts a Pro Se filing and Appellant moves for this Honorable Court to . construe the pleading liberally. Erickson v. Pardue 551 U.S. 89, 94, 127 , S.Ct. 2197, 167 L.Ed.2d 1081 (2007) ‘