No. 18-5302

Terry Dixon v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
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
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 KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent