No. 18-6698

Shawn Aluiso v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: backpage computer-crime computer-use criminal-history fifth-circuit-appeal minor-victim probation-revocation revoked-probation sentencing-guidelines texas-conviction undue-influence use-of-computer
Key Terms:
SocialSecurity Immigration
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether the District Court erred in calculating the Guideline range by applying two-point enhancements for undue-influence and use-of-computer, and in computing criminal-history based on a revoked-probation conviction

Question Presented (OCR Extract)

QUESTIONS PRESENTED In this Writ we present three issues dealing with the calculating of the Guideline range by the District Court. 1. The District Court erred in adding a two-point enhancement to the offense level based on Petitioner using undue influence over the minor JH. 2. The District Court erred in adding a two-point enhancement to the offense level for use of computer to advertise on Backpage.com. 3. The District Court erred as a matter of law in the computation of criminal history based ona Texas State Court felony conviction with a initial sentence of probation which was revoked after the commission of the instant federal felony. The Fifth Circuit Court of Appeals erred in affirming the sentence on June 14, 2018.

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)

Attorneys

Shawn Aluiso
Stephen Adger Glassell Sr. — Petitioner
Stephen Adger Glassell Sr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent