No. 18-9079

Steven Dedual, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alternate-sentences appellate-review district-court guideline-range harmless-error judicial-discretion sentencing-discretion sentencing-enhancement sentencing-procedure unsupported-alternate-sentences unsupported-claims
Key Terms:
DueProcess
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Can a district court that has erroneously applied a sentencing enhancement shield itself from appellate review by claiming, without providing specific support, that even without the enhancement it would have imposed the same sentence for other, unspecified reasons?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW Can a district court that has erroneously applied a sentencing enhancement shield itself from appellate review by claiming, without providing specific support, that even without the enhancement it would have imposed the same sentence for other, unspecified reasons? ii

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-10
Waiver of right of respondent United States to respond filed.
Main Document
2019-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixAppendixAppendix

Attorneys

Steven Dedual, Jr.
Ellen M Allred — Office of the Federal Public Defender, Petitioner
Ellen M Allred — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent