No. 20-7082

Edward Bishop v. United States

Lower Court: Seventh Circuit
Docketed: 2021-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment 924(c)-prosecution constitutional-violation constructive-amendment deficient-performance drug-trafficking-crime due-process habeas-corpus indictment-defect ineffective-assistance-of-counsel prejudice vagueness-challenge
Key Terms:
HabeasCorpus
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether Trial Counsel's performance was deficient and whether any errors were prejudicial?

Question Presented (OCR Extract)

Question Presented 1. | Whether Trial Counsel's performance was deficient and whether any errors were prejudicial? 2. Is an indictment defective in a 924(c) prosecution if it does not charge or specify a drug trafficking offense as the statute and constitution require? 3. | Whether a constructive amendment occurred between the | indictment and verdict form and whether Bishop was convicted of an | offense not charged in the indictment and an offense 924(c) doesn't | criminalize? 4. | Whether Bishop is in custody in violation of the constitution? | 5. | Whether the court provision to the jury of the indictment and verdict form specifying that the jury should convict based only on the actions alleged in the indictment and whether the verdict form should match the indictment? 6. | Whether the Seventh Circuit failed to follow the standard for COA applied by the Supreme Court and whether the Seventh Circuit should have granted Bishop COA? 7. Is the phrase “drug trafficking crime” in the indictment and in 18 USC Sec 924(c) so vague that the indictment fails to state an offense and the statute is void for vagueness? 2 8. Under 18 USC Sec 924(c) what constitutes a drug trafficking crime? | 3 Parties 1.Petitioner, Edward Bishop 2. Respondent, United States of America. 4

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States to respond filed.
2021-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2021)

Attorneys

Edward Bishop
Edward Bishop — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent