No. 18-5016

George Eli Brown, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2018-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment driver's-license due-process fourth-amendment inchoate-hunch law-enforcement motorist-rights police-investigation reasonable-suspicion sentencing traffic-stop
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a police officer's belief that a motorist does not have a driver's license diminishes to an inchoate hunch or suspicion when another officer subsequently conducts an investigation and discovers the motorist is licensed

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. DOES A POLICE OFFICER'S BELIEF THAT HE ALLEGEDLY HAS REASONABLE SUSPICION A MOTORIST DOES NOT HAVE A DRIVER'S LICENSE DIMINISH TO AN INCHOATE HUNCH OR SUSPICION WHEN ANOTHER POLICE OFFICER SUBSEQUENTLY CONDUCTS AN INVESTIGATION AND DISCOVERS THE MOTORIST IS LICENSED? II. SHOULD AN APPEAL WAIVER BE ENFORCED WHEN A JUDGE CONSIDERS AN IMPROPERLY CALCULATED GUIDELINE RANGE TO IMPOSE SENTENCE AND AFTER SENTENCE BECAME FINAL THE GOVERNMENT SUBMITS EVIDENCE NOT PREVIOUSLY DISCLOSED THAT IMPACTED THE PROCEEDING? III. DOES THE LAW IN EFFECT DURING ORIGINAL SENTENCING OR THE LAW IN EFFECT DURING A SENTENCE UNDER 18 U.S.C. §3582(c)(2) CONTROL THE MAXIMUM PUNISHMENT FOR A SUPERVISED RELEASE VIOLATION? i v : :

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

George Eli Brown, Jr.
George E. Brown Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent