Kenneth Wayne Gilmore v. United States
DueProcess FourthAmendment
Whether the isolated smell of marijuana is sufficient probable cause for a search warrant; Whether Petitioner's conviction should be reversed due to alleged Due Process violations; Whether recent Supreme Court precedent requires resentencing without ACCA enhancement
1. Whether the isolated smell of marijuana--a drug that is legal for recreational use in many states and legal for medicinal use in the state of Arkansas--is sufficient probable cause for the issuance of a warrant to search one's residence. 2. Whether Petitioner's conviction for 922(g)(1) should be reversed since, even if a search warrant truly was sought by Arkansas police offices and issued by a judge (the evidence on this point is from from certain), the police officers actions violated Petitioner's 5th and 14th Amendment rights to Due Process of Law 3. Whether, in light of this Court's recent precedent (i.e., Erlinger v. United States, 2024 U.S. Lexis 2715 (2024) (holding that the Fifth and Sixth Amendment requires a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions), Petitioner must be resentenced without the Armed Career Criminal Act (ACCA) enhancement since his judge rather than his jury made the finding that Petitioner's three priors were committed on separate occasions. ! iii