No. 18-6352

Joseph Kelvin Aberant v. United States

Lower Court: Fourth Circuit
Docketed: 2018-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempted-murder cross-reference firearm firearm-offense fourth-circuit imperfect-self-defense indictment self-defense sentencing-guidelines
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether the Fourth Circuit erred in finding that the cross reference under Section 2K2.1(c)(1) of the United States Sentencing Guidelines was applicable where no firearm was cited in the indictment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING THAT THE CROSS REFERENCE UNDER SECTION 2K2.1(C)(1) OF THE UNITED STATES SENTENCING GUIDELINES WAS APPLICABLE WHERE NO FIREARM WAS CITED IN THE INDICTMENT? Il. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING THE SECTION 2A2.1 CROSS REFERENCE TO ATTEMPTED FIRSTDEGREE MURDER APPLICABLE WHERE THE EVIDENCE SUPPORTED A FINDING OF IMPERFECT SELF-DEFENSE?

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)

Attorneys

Joseph Kelvin Aberant
Sharon L. SmithUnti & Lumsden LLP, Petitioner
Sharon L. SmithUnti & Lumsden LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent