Matthew Vaughn Hawks v. United States
Punishment JusticiabilityDoctri
whether-the-eleventh-circuit-misapplied-fed-r-crim-p-52(b)-and-united-states-v-olano
QUESTIONS PRESENTED FOR REVIEW I. Whether the Eleventh Circuit Misapplied Fed. R. Crim. P. 52(b) and United States v. Olano, 507 U.S. 725 (1998) by Failing to Grant Relief for Plain Errors that Affected Petitioner’s Substantial Rights. Il. Whether the Eleventh Circuit Misapplied United States v. Booker, 543 U.S. 220, 125 S.Ct. 738 (2005) and Gall v. United States, 552 U.S. 38, 128 S.Ct. 586 (2007), by Finding Petitioner’s Sentence to Be Substantively Reasonable Notwithstanding That Petitioner’s Mental Disabilities and That Unwarranted Sentencing Disparities Compelled a Lower Sentence. A. Whether this Court Should Establish That Mental Retardation is an Organic Disability That Requires Special Heightened Consideration by the District Court Under 18 U.S.C. § 8558(a)(1). B. Whether this Court Should Establish That Unwarranted Sentencing Disparities Require Special Heightened Consideration by the District Court Under 18 U.S.C. § 3553(a)(6). i INTERESTED PARTIES There are no