Barry J. Smith, Sr. v. United States, et al.

Amendment XIII [1865] Section I. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. Does duly convicted include duly sentenced, and did petitioner's Thirteenth Amendment enslavement end when he discharged from his Thirteenth Amendment sentence? In the Dred Scott case, the United States Supreme Court held that descendants of Africans who were imported into this country, and sold as slaves, were not included nor intended to be included under the word "Citizens" in the Constitution, whether emancipated or not, and remained without rights or privileges except such as those which the government might grant them. Dred Scott v. Sanford, 60 U.S. (19 How.) 393, 15 L.Ed. 691 (1857). Quoting Black's Law Dictionary, Sixth Edition, page 343. Does the Dred Scott case apply to petitioner, who is a descendant of American slaves, after he has earned his emancipation from Thirteenth Amendment slavery by completely serving and discharging from his duly pronounced Thirteenth Amendment judicial criminal sentence?