No. 20-6596

Kevin S. Abney v. United States

Lower Court: Sixth Circuit
Docketed: 2020-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal due-process legislative-history rule-of-lenity sentencing-guidelines statutory-construction statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether the legislative history dealing with 18 USC § 924(e)(1) supports all the lower courts' rulings concerning offenses committed on different occasions

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the legislative history dealing with 18 USC § 924(e) (1) supports all the lower courts’ rulings concerning offenses committed on different occasions. Whether Congress' language of "over a course of time commits three of more felonies" applies to robberies committed one after another in the same time frame. Whether the courts disregarded the Rules of Statutory Construction, Cannons, and stare decisis when deciding on the language of “offenses committed on occasions different from one another?" Whether Sections 924(e)(1) and 4B1.4 are direct products of 28 USC § 991(i) and therefore subject to the Guidelines. Whether the language from § 924(e)(1) ("occasions different") was derived from § 994(i) ("different occasions") and therefore a product of § 994(i) and subject to the Guidelines. Whether § 994(i) is the enabling statute for § 4B1.4. Whether the language ("occasions different") of § 924(e)(1) is ambiguous in relation to the language ("different occasions" of § 994(i). ; Whether a defendant has both a procedural and substantive due process right to all the sections of the U.S. Sentencing Guidelines--in light of the foregoing questions--when being sentenced under armed career criminal. Whether the rule of lenity applies to Sections 924(e)(1) and 4B1.4 in light of the language in Section 994(i). 1

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

Kevin S. Abney
Kevin S. Abney — Petitioner
Kevin S. Abney — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent