post-sentencing-law
2 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 18-7586 | Zachary T. Frey v. United States | Eleventh Circuit | 2019-01-25 | Denied | Response WaivedIFP | armed-career-criminal-act burden-of-proof collateral-review criminal-procedure judicial-interpretation post-sentencing-case-law post-sentencing-law residual-clause retroactivity sentencing-enhancement | Whether a defendant can prove his ACCA-enhanced sentence was based on the unconstitutional residual clause by relying on post-sentencing case law |
| 18-6760 | David Junior Upshaw v. United States | Eleventh Circuit | 2018-11-20 | Denied | Response WaivedIFP | acca-sentencing armed-career-criminal-act collateral-review criminal-procedure mandatory-guidelines post-sentencing-law pre-booker-mandatory-guidelines residual-clause retroactivity sentencing-guidelines vagueness void-for-vagueness | Whether a defendant can prove his ACCA-enhanced sentence was based on the residual clause through a process of elimination and rely on post-sentencing… |