No. 22-7461

Detrick Devone Daye, aka Carter v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender categorical-approach constitutional-rights drug-felony first-step-act ineffective-assistance sentencing-enhancement serious-drug-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the new statutory definition of 'serious drug felony' in the First Step Act applies to career offender enhancements

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I Whether the new statutory definition of the term "serious drug felony" set forth in Section 401(a)(1) of the First Step Act of 2018, and codified in 21 U.S.C. §802(57), would also apply when deciding whether a prior drug conviciton would qualify as a predicate offense to support a career offender designation and enhancemnet of a defendant under U.S.S.G. §4B1.1; : II tihether trial and appellate:counsels rendered ineffective assistance in violation of the Defendnat's Constitutional rights when both counsels failed to argue that the defendnat's two prior state controlled substance offenses did not qualify as predicate offenses to support a career offender designation and enhacement of the defendnat under that section of the Guidleines. -j

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-10
Waiver of right of respondent United States to respond filed.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2023)

Attorneys

Detrick D. Daye
Detrick Devone Daye — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent