No. 20-5832

Damon Graham v. United States

Lower Court: First Circuit
Docketed: 2020-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights due-process expectation-of-privacy habeas-corpus k-9-search sentencing-enhancement standard-of-review warrantless-search
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Privacy
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether the United States Court of Appeals for the First Circuit abused its discretion by improperly denying Petitioner a certificate of appealability

Question Presented (from Petition)

QUESTIONS PRESENTED . . 1) Whether the United States Court of Appeals for the First Circuit abused it's discretion by improperly denying Petitioner a certificate of appealability on the conclusion that Petitioner has failed to make a substantial showing of the denial of a constitutional right? ; , 2) Whether law enforcement committed an unconstitutional search with a K-9 on a secured storage facility unit before procuring a search warrant and violating : Petitioner's expectation of privacy when executing the warrantless search by a K-9? : 3) Whether the word Mon" in the text of Connecticut : General Statute § 21a-277(a) makes the statute S disjunctive and automatically subject to the modified categorical approach? . 4) Whether Conspiracy, requiring an overt act or not, could be used as a predicate for enhancement purposes when applying the categorical approach and does the United States Sentencing Commission possess the power. to add the crime of ‘Conspiracy' through _ commentary? , a . i . . PARTIES INVOLVED All parties appear in the caption of the case on the cover page. ii

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-10-01
Waiver of right of respondent United States to respond filed.
2020-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2020)

Attorneys

Damon Graham
Damon Graham — Petitioner
Damon Graham — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent