No. 19-6144

Tom Smith, III v. United States

Lower Court: Seventh Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aiding-and-abetting alternative-elements career-offender conspiracy controlled-substance-offense criminal-attempt divisible-statute sentencing-commission sentencing-commission-mandate sentencing-guidelines statutory-interpretation statutory-mandate
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Whether the Sentencing Commission exceeded its statutory mandate

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Whether the Sentencing Commission via commentary exceeded its statutory mandate under § 994(h) by including/aiding and abetting, conspiracy, and = attempt crimes to commit a controlled substance offense under § 4B1.2(b) and to qualify a defendant as a career offender § 4B1.1. II. Whether a statute with alternative elements is considered to be divisible, eventhough it comprises elements that play a role in a defendant conviction, and those same elements have a "definitional portion" under another statute that lists alternative means in its disjunctive. (i)

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Waiver of right of respondent United States to respond filed.
2019-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Tom Smith
Tom Smith III — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent