No. 19-6619

Genesis Lee Whitted v. United States

Lower Court: Fourth Circuit
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Whether the district court improperly expanded Guideline § 1B1.3 by including drug amounts associated with conduct occurring significantly outside the dates of the indictment, resulting in an artificially high drug weight calculation and base offense level, and the Fourth Circuit erred in holding this to be relevant conduct despite a substantial time interval

Question Presented (OCR Extract)

QUESTION PRESENTED L WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDEINE § 1B1.3 BY INCLUDING DRUG AMOUNTS ASSOCIATED WITH CONDUCT OCCURRING SIGNIFICANTLY OUTSIDE THE DATES OF THE INDICTMENT, RESULTING IN AN ARTIFICALLY HIGH DRUG WEIGHT CALCULATION AND BASE OFFENSE LEVEL, AND THE FOURTH CIRCUIT ERRED IN HOLDING THIS TO BE RELEVANT CONDUCT DISPITE A SUBSTANTIAL TIME INTERVAL. ii

Docket Entries

2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-20
Waiver of right of respondent United States of America to respond filed.
2019-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)

Attorneys

Genesis Whitted
Rudolph Alexander Ashton III — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent