No. 23-5419

Seth Williams v. United States

Lower Court: Third Circuit
Docketed: 2023-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender constitutional-challenge criminal-procedure due-process jurisdiction jurisdictional-authority mandatory-minimum rehaif-doctrine sentencing sentencing-modification
Key Terms:
DueProcess
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Does the District Court have authority to change a sentence after 12 years?

Question Presented (from Petition)

QUESTION(S) PRESENTED : 1. Does the Distriét Court for the Middle District of Pennsylvania have the authority and jurisdiction to change a sentence after 12 years that was . ORALLY pronounced? . 2. How can Defendant Williams be considered a career offender without having three felony convictions? Defendant Williams only has 2 misdemeanor, 1 for 5.9gr of three over the counter cutting agents, and the 2nd for 3.5gr of powder cocaine. Pennsylvania: has weight based amounts in which 2 to lOgr is a misdemeanor. 3. Pensylvania accepts Rehaif which would make the charge unconstitutional. 4. How can Defendant Williams receive 25 years when the mandatory minimum is 15 years? 5. The Court knew that without the three prior convictions the Defendant would only face 10 years. (2) eee eee Ce i a 7 a

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2023)
2023-06-08
Application (22A1060) granted by Justice Alito extending the time to file until August 10, 2023.
2023-05-26
Application (22A1060) to extend the time to file a petition for a writ of certiorari from June 11, 2023 to August 10, 2023, submitted to Justice Alito.

Attorneys

Seth Williams
Seth Williams — Petitioner
Seth Williams — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent