No. 19-7034

Charley Joe, Jr. v. United States

Lower Court: Tenth Circuit
Docketed: 2019-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-vagueness eighth-amendment sentencing-guidelines unusual-vulnerability vagueness victim-exploitation victim-vulnerability vulnerable-victim
Key Terms:
Punishment
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Does the vulnerable victim enhancement apply when the defendant did not exploit the victim's unusual vulnerability?

Question Presented (OCR Extract)

Questions Presented Section 3A1.1(b) of the Sentencing Guidelines provides for a two-level increase where, “the defendant knew or should have known that a victim of the offense was a vulnerable victim.” The application note defines a vulnerable victim as an individual “who is unusually vulnerable due to age, physical or mental condition, or who is otherwise particularly susceptible to the criminal conduct.” I. Does the defendant have to exploit the victim’s unusual vulnerability in some way for the vulnerable victim enhancement to apply as held by the Second, Third, and Eleventh Circuits or is it sufficient that a victim just happens to have an unusual vulnerability as held by the First and Eighth Circuits? II. Must the vulnerability be unusual compared to the general population, as suggested by the Eleventh and Second Circuits, to other individuals with the same characteristics, as held by the First, Eighth, and Tenth Circuits, or to typical victims of the crime as held by the Ninth Circuit? II. Is the vulnerable victim enhancement unconstitutionally vague under the Eighth Amendment? i

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-03
Waiver of right of respondent United States to respond filed.
2019-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Charley Joe
Gordon Devon M. FooksFederal Public Defender, District of New Mexico, Petitioner
Gordon Devon M. FooksFederal Public Defender, District of New Mexico, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent