Darrell Turner v. United States
FifthAmendment HabeasCorpus
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?
(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)