No. 18-8885

Jose Roman v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-activity criminal-procedure criminal-sentencing drug-offense fifth-circuit-interpretation firearm-enhancement firearms foreseeability presumption presumption-of-use sentencing-guidelines tools-of-the-trade
Key Terms:
DueProcess CriminalProcedure Privacy
Latest Conference: 2019-05-16
Question Presented (AI Summary)

WHETHER THE GUIDELINES ARE MISAPPLIED UNER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE 'TOOLS OF THE TRADE' AND THAT ALWAYS IS FORSEEABLE THAT THEY WILL BE USED DURING CRIMINAL ACTIVITY

Question Presented (OCR Extract)

QUESTIONS PRESENTED WHETHER THE GUIDELINES ARE MISAPPLIED UNER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE “TOOLS OF THE TRADE” AND THAT ALWAYS IS FORSEEABLE THAT THEY WILL BE USED DURING CRIMINAL ACTIVITY i

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-26
Waiver of right of respondent United States to respond filed.
Main Document
2019-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendix

Attorneys

Jose Roman
Jose Roman — Petitioner
Jose Roman — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent