No. 22-7245

Paul DiBiase v. United States

Lower Court: Second Circuit
Docketed: 2023-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Whether a defendant who pleads guilty to being an armed career criminal is precluded from challenging the predicate convictions in a post-conviction proceeding

Question Presented (OCR Extract)

Question Presented Petitioner was sentenced as an Armed Career Criminal (ACC) over his protests that he did not have three prior violent felony convictions as required for such a sentence. He had pleaded guilty to being in possession of a weapon as an armed career criminal and waived his appeal rights as part of his plea agreement. Is he precluded from establishing in a post-conviction proceeding that the predicate convictions on which the armed career criminal designation was based were not violent felony offenses because he does not seek to vacate his guilty plea? 1

Docket Entries

2023-09-08
Rehearing DENIED.
2023-08-17
DISTRIBUTED.
2023-06-06
Petition for Rehearing filed.
2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2023)

Attorneys

Paul DiBiase
Paul DiBiase — Petitioner
Paul DiBiase — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent