No. 22-6527

William Langley, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Should the court find petitioner's conviction for '924(c) et al. unconstitutional

Question Presented (OCR Extract)

QUESTION(S) PRESENTED SHOULD THE COURT FIND PETITIONER'S CONVICTION FOR ‘924(c) et al. UNCOUNSTITUTIONAL a. The court can find the two prongs "use" and "carry" of 924(c) : a due process violation that warrants a reversal of those convictions SHOULD THIS COURT DIRECT THE LOWER COURT TO VACATE THE GUILTY PLEADS DUE TO LACK OF FACTUAL BASIS b. The Court should issue such directive so the Plea Agreement and Statement of Facts can be examine SHOULD A DEFENDANT BE CONVICTED FOR "USE" AND "CARRY" OF A : FIREARM WHEN THE FACTS DO NOT SUPPORT THE CRIME os This question should been answered in Bailey v. United States, 516 U.S. 137 (1995); Muscarello v. United States, 524 U.S. 125 (1998), and in Johnson v. United States, 135 S.Ct 2551 (2015). . Petitioner "use" and "carry" claim supports: an actually and factually innocent as held in Bousley v. United States, 523 U.S. 614 (1998). WAS THE TRIAL COURT REQUIRED TO EXPLAIN THE ELEMENTS OF THE CHARGES . BEFORE ACCEPTING A GUILTY PLEA d. The court can find error in the court's failure to address the elements on the charge or charges For a guilty plea to be accepted by the court, it must be satisfied that the defendant is aware of all rights that are being waived. ; :

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent United States to respond filed.
2022-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William Langley
William Langley — Petitioner
William Langley — Petitioner