No. 23-7458

In Re Michael David Hower

Lower Court: N/A
Docketed: 2024-05-13
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Did the courts below commit reversible error in denying petitioner's 2255 motion without an evidentiary hearing?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . . . : ; Did the Courts below commit reversible err denying petitioners 2255 motion without conducting an evidentiary hearing to resolve factual disputes? . Did the courts below commit reversible error requiring petitioners 2255 motion conform to 28 USC 2255(h)? co Did the courts below commit reversible err denying review of petitioners : “sentence when it was based on clearly erroneous and patently false claims and enhancements of an acquitted charge? Did the courts below violate the petitioners Fifth Amendment Due Process : 7 and Sixth Amendment rights to a trial by jury by enhancing his sentence well , over 10 years based upon an acquitted charge/false claims of a future conviction? \ fy ‘ : : : RELIEF SOUGHT ‘ THE FACTS ON WHICH THIS MOTION IS BASED ARE ESTABLISHED IN THE ATTACHED

Docket Entries

2024-06-17
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-16
Waiver of right of respondent United States to respond filed.
2024-05-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2024)

Attorneys

Michael Hower
Michael David Hower — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent