No. 18-5302
Tags: 18-usc-922 18-USC-922g 18-usc-922g1 carachuri-rosendo-v-holder crime-punishable-by-imprisonment criminal-firearm felon-in-possession prosecutorial-discretion sentencing-exposure underlying-felony
Key Terms:
Immigration
Immigration
Latest Conference:
2018-09-24
Question Presented (AI Summary)
Whether the sentencing exposure for the underlying felony offense is determined by prosecutorial discretion in a felon-in-possession case
Question Presented (OCR Extract)
Question Presented 1. In a federal proceeding wherein the defendant is charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), in determining whether the underlying “felony” offense is a “crime punishable by imprisonment for a term exceeding one year,” is the sentencing exposure as to that underlying “felony” offense determined or limited by prosecutorial discretion, in light of Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010)? i
Docket Entries
2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent United States to respond filed.
2018-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)
Attorneys
Terry Dixon
John Andrew Kuchera — Attorney at Law, Petitioner
John Andrew Kuchera — Attorney at Law, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent