No. 21-6858

Dalton Laquane Smith v. United States

Lower Court: Fourth Circuit
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 851 922(g) 922(g)-conviction acca armed-career-criminal-act career-offender first-step-act government-concession rehaif sentencing-enhancement supreme-court-precedent
Key Terms:
Securities
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the ACCA, 851, and Career Offender enhancements should be removed in light of the First Step Act Section 401 and the First Step Implementation Act concessions that the petitioner never served over a year

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. In light of the Court & Government concessions(twice) that the petitioner never served over a year,should the ACCA,851 and Career Offender enhancement be removed in wake of the First Step Act Sec 401 and First Step Implmentation Act? 2. In light of the Rehaif/Greer/Gary trio, and the governments concessions,can the 922(g) conviction stand or should it be Vacated? | | | | | i ; . Bn |

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-24
Waiver of right of respondent United States to respond filed.
2021-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Dalton Laquane Smith
Dalton Laquane Smith — Petitioner
Dalton Laquane Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent