No. 22-6902

Roger Bryant Harbin v. United States

Lower Court: Tenth Circuit
Docketed: 2023-03-02
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: controlled-substances criminal-law decontrol drug-convictions drug-policy due-process equal-protection federal-sentencing sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancements?

Question Presented (OCR Extract)

Question Presented Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancements? (This question is already pending before this Court in Altman v. United States, Case No. 22-5877. Mr. Harbin and Mr. Massmann request that the Court hold this petition pending the disposition in Altman.) ii

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-06-20
Rescheduled.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-24
Memorandum of respondent United States filed.
2023-05-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 24, 2023.
2023-05-01
Motion to extend the time to file a response from May 3, 2023 to May 24, 2023, submitted to The Clerk.
2023-03-29
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
2023-03-28
Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
2023-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)

Attorneys

Roger Bryant Harbin, et al.
Shira KievalOffice of the Federal Public Defender, Petitioner
Shira KievalOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent