No. 18-6215

Leonard Nathaniel Peragine, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion child-enticement child-pornography congressional-intent criminal-sentencing empirical-evidence guideline-calculation sentencing sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether the district court's utilization of the child pornography guideline in Section 2G2.2 to determine the sentence for a defendant whose primary offense conduct was child enticement was due deference by the court of appeals under an abuse of discretion standard, in spite of the acknowledged infirmities in the empirically unsupported guideline, and the fact that the guideline contravened Congress' statutory determination of the relative seriousness of the two offenses?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the district court’s utilization of the child pornography guideline in Section 2G2.2 to determine the sentence for a defendant whose primary offense conduct was child enticement was due deference by the court of appeals under an abuse of discretion standard, in spite of the acknowledged infirmities in the empirically unsupported guideline, and the fact that the guideline contravened Congress’ statutory determination of the relative seriousness of the two offenses? i

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-15
Waiver of right of respondent United States to respond filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
2018-08-01
Application (18A91) granted by Justice Thomas extending the time to file until October 5, 2018.
2018-07-23
Application (18A91) to extend the time to file a petition for a writ of certiorari from August 6, 2018 to October 5, 2018, submitted to Justice Thomas.

Attorneys

Leonard Peragine
Richard HolcombFederal Defender Program, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent