No. 18-6590

Salah Mohamed v. United States

Lower Court: Fourth Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his recommended sentencing range for escape when the court considers the defendant's flight through Mexico and his attempt to reach Yemen (where he was born, and where his wife, children and family remain) an aggravating factor?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; (1) , Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his recommended sentencing range for escape when the court considers the defendant's flight through Mexico and his attempt to reach Yemen (where he was born, and where his wife, children and family remain) an aggravating factor? And if not, (2) | . Is it ever an abuse of discretion to sentence a defendant at the statutory maximum sentence regardless of the properly calculated Sentencing : Guidelines' advisory range? -i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Salah Mohamed
Salah Mohamed — Petitioner
Salah Mohamed — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent