No. 23-5896

Frank Richardson v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-27
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: §2255-motion 924(c) civil-rights constitutional-rights due-process indictment ineffective-assistance jury-instructions plain-error sentencing sentencing-jurisdiction
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-04-19 (distributed 3 times)
Question Presented (AI Summary)

Did the courts violate the petitioner's constitutional rights by denying his motion to vacate, set aside, or correct sentence despite errors, government concessions, and precedent?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : Did both the District Court and SixthCircuit Court of . Appeals violate Petitioner's constitutional rights by denying his motion to Vacate, Set aside, or Correct Sentence pursuant to Title 28 U.S.C. $2255 when the record clearly established the errors in question, the government conceded to errors and Circuit precedence, as well as Supreme Court precedence established that the issues raised were in fact errors of constitutional magnitude. Prior panels reversed convictions for the same errors under the plain error analysis and ineffective assistance of counsel claim. , . Where the jury instructions did not tract the language of the indictment, causing defendant to be convicted of a non« existant crime, by cross-matching the two distinct elements under which 924(c) criminalize, constructively amending the indictment : by incorporating "brandishing" in the jury instructiotis, yet same was not charged by. grand jury and included in indictment. Causing defendant to suffer under a substantively and procedurally unreasonable sentence that was beyond the Court's jurisdiction to impose. Last, and just as importantly, where the Court instructed the jury on a non-qualifying predicate. The charge to the jury was that the [5] §924(c) counts were in fact in relation to themselves. ; i]

Docket Entries

2024-04-22
Rehearing DENIED.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-01-03
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-02
Waiver of right of respondent United States to respond filed.
2023-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2023)

Attorneys

Frank Richardson
Frank Richardson — Petitioner
Frank Richardson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent