No. 20-6969

Barto Edward Usry, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acca armed-career-criminal-act armed-robbery business-burglary johnson-ruling mississippi-state-convictions resentencing robbery section-2255 sentencing violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether Mr. Usry is entitled to resentencing without applying the ACCA

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether Mr. Usry is entitled to resentencing without applying the ACCA because post-Johnson (2015), he no longer has three prior qualifying “violent felony” convictions that are required to trigger the ACCA’s sentencing provisions. i

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States of America to respond filed.
2021-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Barto Usry, Jr.
Michael Scott — Petitioner
Michael Scott — Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent