No. 19-7516

Mary Mosley v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct alleyne-v-united-states criminal-procedure criminal-procedure-acquitted-conduct double-jeopardy due-process fifth-circuit jury-verdict nelson-v-colorado sentencing sentencing-enhancement sentencing-guidelines
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Did the panel err by upholding the application of an enhancement for brandishing or possessing a firearm when Miss Mosley was acquitted by a jury of this conduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) DID THE PANEL ERR BY UPHOLDING THE APPLICATION OF AN ENHANCEMENT FOR BRANDISHING OR POSSESSING A FIREARM WHEN MISS MOSLEY WAS ACQUITTED BY A JURY OF THIS CONDUCT ? DID THE USE OF THE ACQUITTED CONDUCT TO ENHANCE MISS MOSLEY’S SENTENCE RUN AFOUL OF THIS COURT’S DIRECTIVES IN ALLEYNE V. UNITED STATES, 133 S.CT. 2151 (2013) AND NELSON V. COLORADO, 137 S. CT. 1249 (2017)? 2) DID THE PANEL ERR BY HOLDING THAT THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE JURY’S GUILTY VERDICT? 3) DID THE PANEL ERR BY AFFIRMING THE DISTRICT COURT’S DECISION TO INCREASE MISS MOSLEY’S BASE OFFENSE BY FOUR LEVELS PURSUANT TOUSS.S.G.§ 2B3.1(b)(4)(A) WHEN THE EVIDENCE DOES NOT SUPPORT A FINDING THAT AN “ABDUCTION” OCCURRED DURING THIS ROBBERY? ii

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent United States to respond filed.
2020-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Mary Mosley
Amy R BlalockBlalock Law Firm, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent