No. 23-5925

Isaac Johnson v. United States

Lower Court: Eighth Circuit
Docketed: 2023-10-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 21-u.s.c.-§-851(c)(2) criminal-defendant criminal-procedure plain-error plain-error-review predicate-offense prior-conviction rule-52(b) rule-52b sentencing-enhancement waiver
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Does a criminal defendant waive Rule 52(b) plain error review pursuant to 21 U.S.C. § 851(c)(2) by failing to argue before the trial court that a constitutionally valid prior conviction is not a qualifying predicate offense for sentencing enhancement?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Does a criminal defendant waive Rule 52(b) plain error review pursuant to 21 U.S.C. § 851(c)(2) by failing to argue before the trial court that a constitutionally valid prior conviction is not a qualifying predicate offense for sentencing enhancement? 1 PRIOR

Docket Entries

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.
2023-11-03
Waiver of right of respondent United States to respond filed.
2023-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent