No. 18-8404

Adrian Laroy Seymore v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure district-court-discretion due-process evidence evidentiary-standard government-evidence presentence-investigation-report sentencing sentencing-guidelines standard-of-review
Key Terms:
Privacy
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether a District Court erred in applying a guideline enhancement based solely on allegations contained in the Presentence Investigation Report after (1) a defendant objects to the factual basis for the enhancement, and (2) the government fails to present any evidence supporting the disputed factual basis for the enhancement

Question Presented (OCR Extract)

QUESTIONS PRESENTED | Whether a District Court erred in applying a guideline enhancement based solely on | allegations contained in the Presentence Investigation Report after (1) a defendant objects to the factual basis for the enhancement, and (2) the government fails to | present any evidence supporting the disputed factual basis for the enhancement. | | , | | 1 ; !

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

Adrian Seymore
Matthew A. CampbellFederal Defenders of Eastern Washington & Idaho, Petitioner
Matthew A. CampbellFederal Defenders of Eastern Washington & Idaho, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent