No. 18-9739

Timothy Paul Malone v. United States

Lower Court: Fifth Circuit
Docketed: 2019-06-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acceptance-of-responsibility application-note application-note-2 chapter-5 criminal-procedure criminal-sentencing federal-sentencing judicial-interpretation offense-level sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a level 43 before granting a reduction in the offense level for acceptance of responsibility?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a level 43 before granting a reduction in the offense level for acceptance of responsibility.? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Waiver of right of respondent United States of America to respond filed.
2019-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

Timothy Paul Malone
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent