No. 18-6208

Nicholas Ryan Hemsher v. United States

Lower Court: Eighth Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 8th-circuit appellate-review circuit-split co-conspirators criminal-enhancement criminal-procedure sentencing-disparities sentencing-disparities-18-usc-3553-a-6 sentencing-disparity sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants does not apply to co-conspirators

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants, 18 U.S.C. § 3553(a)(6), does not apply to co-conspirators? 2) The Eighth Circuit Court of Appeals holding that “the another felony” enhancement in U.S.S.G. § 2K2.1(b)(6)(B) may be applied to a violation of second violation of statute of conviction is a matter of public importance. i

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent United States to respond filed.
2018-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)

Attorneys

Nicholas Hemsher
Justin Lee BellMay, Adam, Gerdes & Thompson, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent