No. 18-6171

Dion Terry Taylor v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-review district-court-discretion district-court-proceedings inter-circuit-inconsistency pinney-dock proof-standard sentencing sentencing-enhancement sixth-circuit sixth-circuit-standard standard-of-proof standard-of-review u-s-sentencing-guidelines u.s.s.g.-§5k2.1 unraised-claims
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the Sixth Circuit's 'Pinney Dock' standard for reviewing unraised claims should be clarified

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether this honorable Court should grant certiorari to clarify the Sixth Circuit’s “Pinney Dock’ standard governing review of claims which were not raised during the District Court proceedings. 2. Whether this honorable Court should grant certiorari to resolve inter-Circuit inconsistencies regarding whether sentencing enhancements under U.S.S.G.§5K2.1 must be supported by a finding that the death of an individual had been “intentional” or “knowingly risked.” 3. Whether this honorable Court should grant certiorari to resolve an intraCircuit inconsistency regarding the Sixth Circuit’s treatment of sentencing issues under U.S.S.G. 5K2.1, specifically, whether such sentencing enhancements must be established by “proof beyond a reasonable doubt” rather than by a mere “preponderance of the evidence.” 4, Whether this honorable Court should grant certiorari to resolve the issue of whether the District Court abused its discretion in imposing an upward departure for Mr. Taylor’s case. i

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)
2018-07-27
Application (18A100) granted by Justice Kagan extending the time to file until September 28, 2018.
2018-07-24
Application (18A100) to extend the time to file a petition for a writ of certiorari from July 30, 2018 to September 28, 2018, submitted to Justice Kagan.

Attorneys

Dion Taylor
Blake P. SomersBlake P. Somers, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent