No. 21-5336

Theodore Howard v. United States

Lower Court: Seventh Circuit
Docketed: 2021-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c)(1)(A) 924(c)(1)(C) constitutional-rights criminal-sentencing due-process firearm-use fourteenth-amendment sixth-amendment statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether Mr. Theodore Howard was denied due-process rights, to fair notice of indictment charges

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether Mr. Theodore Howard, was denied his United States , Constitutional fourteenth, and Sixth amendment due-process rights, to fair notice of the indictment charges of "Use" of a firearm, which also resulted in Mr. Howard, . . , receiving an erroneous double, 18 U.S.C. 924(c)(1)(A), Using and carrying a firearm, during and in relation to a crime of violence, stacking 18 U.S.C.924(c)(1)(C), 35 years consecutive imprisonment sentence, on the same indictment, before Mr. Howard, had a prior 18 U.S.C. 924(c¢)(1)(A), conviction that was final, When the trial jury was erroneously Instructed by jury istruction, On the element ; of "Use" and convicted. Mr.Howard, of "Use" of a firearm . on counts Three and Sixth of the Indictment, In the case United States V. Theodore Howard, case No. 07-Cr-674, without the’ government proving Mr. Howard, "Active Employment" the firearm. . 2. whether Mr. Theodore Howard, violation of 1992(a)(6) qualify categorically as a Crime of violence for the purpose of 18. . U.S.C. 924(¢)(1)(A), see United States V. Borden, 140 S.Ct. . 1262,° (Mar 2, 2020) Granting petition for writ of certiorari. | |

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Waiver of right of respondent United States to respond filed.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2021)

Attorneys

Theodore Howard
Theodore Howard — Petitioner
Theodore Howard — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent