No. 19-5540

Thomas Edward Wright v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-procedure civil-rights constitutional-claims due-process eighth-amendment judicial-discretion sentencing sentencing-guidelines special-assessment standing statutory-interpretation
Key Terms:
DueProcess Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Fourth Circuit err in dismissing petitioner's constitutional, statutory, and other legal claims?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the United States Court of Appeals for the Fourth Circuit err in granting the government’s motion to dismiss by denying the Petitioner the ability to have his substantive constitutional, statutory, and other legal claims addressed, such constitutional, statutory, and other legal claims being of such a fundamental nature that grave injustice will result to Petitioner and similarly situated incarcerated persons if these claims are not addressed? Whether the district court erred in sentencing Petitioner by improperly utilizing the commentary to United States Sentencing Guideline §2K2.1 to enhance the base offense level of Petitioner’s offense. Whether the law should be extended and/or modified to hold that the district court abused its discretion in finding that a sentence of one hundred three (108) months was reasonable under the circumstances pursuant to 18 U.S.C. § 35538(a). Whether the district court’s imposition of a mandatory “special assessment” pursuant to 18 U.S.C. § 3013 violated the Petitioner’s Eighth Amendment right against excessive fines.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Waiver of right of respondent United States to respond filed.
2019-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Thomas Edward Wright
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent