No. 20-5457

Dennis A. Smith v. United States

Lower Court: Sixth Circuit
Docketed: 2020-08-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender criminal-law drug-statute first-step-act predicate-offense sentencing sentencing-enhancement statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Court of Appeals incorrectly determined that the Ohio Revised Code §2925.03(A)(2) dealing with preparation for shipment or preparation for distribution was in fact a predicate offence for Career Offender status

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Court of Appeals incorrectly determined that the Ohio Revised Code §2925.03(A)(2) dealing with preparation for shipment or preparation for distribution was in fact a predicate offence for Career Offender status. Whether the Court of Appeals incorrectly determined the First Step Act did not apply in the application of 21 U.S.C. § 841(A)(1) and 21 U.S.C. § 851. The overall question of public and judicial importance is a clear and definite interpretation of predicate offenses for determination of Career Offender status, and the continued nuanced interplay of partially reconciled case law will result in vague and problematic results as we have here. i

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent United States of America to respond filed.
2020-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2020)

Attorneys

Dennis Smith
Thomas Walter JakucThomas Legal Centers, P.C., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent