No. 18-7978

Raymond Amerson v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: all-writs-act audita-querela clarification criminal-procedure jurisdictional-review relevant-conduct sentencing-guidelines united-states-v-morgan
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether an All Writs Act petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the gap where a defendant has no other appropriate vehicle to pursue a clarification of the application of relevant conduct (§ 1B1.3(a)(1)(B)) under the United States Sentencing Guidelines, turns on whether United States v. Morgan, 346 U.S. 502 (1954) still stands as the supreme Law of the Land?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; : The petition is an opportunity for this Court to clear up issues related with the ALL WRITS ACT pursuant to UNITED STATES v. MORGAN, 346 U.S. 502 (1954). Thus, the two questions presented are: , . [1] Whether an ALL WRITS ACT Petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the GAP where a Defendant [does not] have no other appropriate vehicle to pursue a CLARIFICATION of the application of RELEVANT CONDUCT (§ 1B1i3(a) (1) (B)) under the United States Sentencing Guidelines, turns on whether UNITED STATES v. MORGAN, 346 U.S. 502 (1954) still stands as the supreme Law of the Land? {2] The SECOND question is, did the district court have jurisdiction under the ALL WRITS ACT (28 U.S.C. § 1651 [Audita Querela]) to open up the original Criminal Action Case Judgment based on a CLARIFYING AMENDMENT (790), to correct the misapplied sentence under RELEVANT CONDUCT (§ 1B1.3(a) (1) (B))? . . di | . .

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Raymond Amerson
Raymond Amerson — Petitioner
Raymond Amerson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent