No. 20-6571

Antonio W. Smith v. M. Brecken, Warden

Lower Court: Fourth Circuit
Docketed: 2020-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 career-offender habeas-corpus judicial-discretion mandatory-minimum miscarriage-of-justice sentencing-guidelines statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Did the Fourth Circuit Appeals Court err by not hearing Petitioner's 28 U.S.C. §2241 petition on the merits

Question Presented (OCR Extract)

QUESTIONS PRESENTED PD Did Me Fourth Gireuit Ao peals Court err by not . hearing Tetitioner's. 28 US.C. *2241 petition on the . merits where his misclassification as acareec . offender increased his mandatory U.S. Sentencing oe Guidelines ange more than 13 years longer than the . Maximum sentence. the covet rightfully had discretion . oto order ° a. oo ; 2) Did the Fourth Creu Ropeals Court evc whendeny. ng Yetitioner's request to have. his habeas corpus petition . heard on the merits by means of Yhe sonings clause in 28 USC, 57755), and dismissing his 28 USC. $224, . petition because 32255 Was an inedequate and inettectWe means 40, test the legality of Petitioner's detention, which was based on A sentence issued vith an erroneous ly increased mandatory minimum? 3) Zs the Fourth Circuit Pepeals Covrt requirement that. Petitoner continue to sérve an enhanced sentence as A career offender bearing the stigma ofa repeat violent | offender avid all its accompany ine disadvantages a . fundamental. defect representing A miscarriage of justice, where he lacks the predicate felonies to justify Sucha oe . characterization ¢ , . .

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent M. Brecken, Warden to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2021)

Attorneys

Antonio W. Smith
Antonio Smith — Petitioner
Antonio Smith — Petitioner
M. Brecken, Warden
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent