No. 18-6451
Randolph Johnson Spain v. United States
Response WaivedIFP
Tags: apprendi-principles apprendi-v-new-jersey cross-reference fourth-circuit-court-of-appeals fourth-circuit-mandate multiple-count-adjustment sentencing-guidelines sentencing-guidelines-application statutory-maximum
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2018-11-30
Question Presented (AI Summary)
Whether the application of the cross-reference to Count 2 of the indictment pursuant to Guidelines § 2G1.1 and § 2A3.1, and the subsequent application of the multiple count adjustment in Guidelines § 5G1.2, resulted in a sentence which exceeded the statutory maximum and violated the principles in Apprendi v. New Jersey
Question Presented (OCR Extract)
QUESTION PRESENTED I. WHETHER THE APPLICATION OF THE CROSS-REFERENCE TO COUNT 2 OF THE INDICTMENT PURSUANT TO GUIDELINES § 2G1.1 AND § 2A3.1, AND THE SUBSEQUENT APPLICATION OF THE MULTIPLE COUNT ADJUSTMENT IN GUIDELINES § 5G1.2, RESULTED IN A SENTENCE WHICH EXCEEDED THE STATUTORY MAXIMUM AND VIOLATED THE PRINICPLES IN APPRENDI V. NEW JERSEY. il
Docket Entries
2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent United States to respond filed.
2018-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)
Attorneys
Randolph Spain
United States
Noel J. Francisco — Solicitor General, Respondent