No. 24-6663

Darrell Turner v. United States

Lower Court: Seventh Circuit
Docketed: 2025-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right fifth-amendment habeas-corpus sentencing-review statutory-interpretation vacatur
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2025-03-28
Question Presented (AI Summary)

Does a defendant meet the 'substantial denial of a constitutional right' standard under 28 USCS § 2253(c) when challenging a sentence based on a vacated prior conviction under Rehaif v. United States, and does the 5th Amendment protect the right to contest inaccurate sentencing information later found unconstitutional?

Question Presented (OCR Extract)

(1) DOES A DEFENDANT MEET THE "SUBSTANTIAL DENIAL OF A CONSTITUTIONAL RIGHT" STANDARD UNDER 28 USCS § 2253(c), WHEN HE PRESENTS THE 'VACATUR' OF HIS PRIOR UNCONSTITUTIONAL CONNVICTION —UNDER REHAIF V. UNITED STATES — AND ASSERTS THAT HIS CURRENT SENTENCE IS VIOLATIVE OF THE 5TH AMENDMENT BECAUSE IT IS BASED IN PART UPON THE VACATED PRIOR CONVICTION? (2) IN CIRCUMSTANCES WHERE INFORMATION IS CORRECT AT THE TIME OF SENTENCING, BUT IS LATER FOUND TO BE UNCONSTITUTIONAL, DOES THE 5TH AMENDMENT PROTECT THE RIGHT TO CONTEST THE INACCURATE INFORMATION UNDER THIS COURT'S PRECEDENCE? (i)

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-03-05
Waiver of right of respondent United States to respond filed.
2024-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2025)

Attorneys

Darrell Turner
Darrell Turner — Petitioner
Darrell Turner — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent