William Langley, Jr. v. United States
Should the court find petitioner's conviction for '924(c) et al. unconstitutional
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. ; :