WASHINGTON (CN) - A man serving nearly 11 years for armed robbery will challenge his conviction based on his argument against a 2002 Supreme Court decision.
A federal jury found Allen Ryan Alleyne guilty of robbery affecting commerce and use or carry of a firearm during and in relation to a crime of violence.
Though the jury found that Alleyne was not guilty of brandishing the firearm, Alleyne could not claim that his constitutional rights were violated by the District Court's finding that he was accountable for that offense.
In affirming the conviction last year, the 4th Circuit noted that Alleyne had conceded this argument based on Supreme Court precedent, the 2002 decision in Harris v. United States.
Per its custom, the Supreme Court did not comment on its decision to take up the case.
The appeal will consider whether to overrule Harris. Alleyne will proceed in forma pauperis.
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