No. 18-7262
Artak Ovsepian and Kenneth Wayne Johnson v. United States
Tags: 18-u.s.c.-1028a 18-usc-1028a apprendi apprendi-rule criminal-fines criminal-restitution double-counting identity-theft sentencing-guidelines u-s-code u.s.s.g.-2b1.6
Key Terms:
SocialSecurity Securities Immigration LaborRelations
SocialSecurity Securities Immigration LaborRelations
Latest Conference:
2019-10-01
(distributed 2 times)
Question Presented (AI Summary)
Should the rule of Apprendi apply to the imposition of criminal restitution?
Question Presented (OCR Extract)
question presented is: should the rule of Apprendi apply to the imposition of criminal restitution? The lower courts have taken different approaches in applying the double-counting rule set forth in the commentary to U.S.S.G. § 2B1.6, which governs aggravated identity theft convictions under 18 U.S.C. § 1028A. The second question presented is: when does the commentary to § 2B1.6 apply so as to prohibit application of both an increase under the Sentencing Guidelines and a two-year consecutive sentence under § 1028A. i
Docket Entries
2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Reply of petitioners Artak Ovsepian, et al. filed. (Distributed)
2019-07-22
Brief of respondent United States in opposition filed.
2019-06-17
Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2019.
2019-06-14
Motion to extend the time to file a response from June 21, 2019 to July 22, 2019, submitted to The Clerk.
2019-05-07
Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2019.
2019-05-06
Motion to extend the time to file a response from May 10, 2019 to June 21, 2019, submitted to The Clerk.
2019-04-04
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2019.
2019-04-03
Motion to extend the time to file a response from April 10, 2019 to May 10, 2019, submitted to The Clerk.
2019-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2019.
2019-03-05
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-02-07
Response Requested. (Due March 11, 2019)
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent United States to respond filed.
2019-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)
Attorneys
Artak Ovsepian, et al.
Benjamin Lee Coleman — Coleman & Balogh LLP, Petitioner
Benjamin Lee Coleman — Coleman & Balogh LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent