No. 18-9805

Keith Wayne Carver, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-device circuit-split criminal-law legislative-intent loss-amount sentencing-guidelines statutory-interpretation usability
Key Terms:
Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the statutory phrase 'can be used' contained in the definition of 'access device' at 29 U.S.C. § 1029(e)(1) requires the Government prove usability of the device in order for that access device to be included in the loss amount calculation for sentencing guidelines purposes

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether the statutory phrase “can be used” contained in the definition of “access device” at 29 U.S.C. § 1029(e)(1) requires the Government prove usability of the device in order for that access device to be included in the loss amount calculation for sentencing guidelines purposes. -i

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Waiver of right of respondent United States to respond filed.
2019-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2019)
2019-05-21
Application (18A1186) granted by The Chief Justice extending the time to file until June 28, 2019.
2019-05-15
Application (18A1186) to extend the time to file a petition for a writ of certiorari from May 27, 2019 to June 28, 2019, submitted to The Chief Justice.

Attorneys

Keith Wayne Carver, Jr.
Emily Deck HarrillFederal Public Defender's Office, Petitioner
United States, et al.
Noel J. FranciscoSolicitor General, Respondent