No. 19-8215

Victor Rivera-Munoz v. United States

Lower Court: Ninth Circuit
Docketed: 2020-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-interpretation criminal-procedure criminal-sentencing manager-enhancement sanctions sentencing-commission sentencing-guidelines subordinate-authority subordinates supervisor-enhancement supervisor-role
Latest Conference: 2020-05-15
Question Presented (from Petition)

1. In the a bsence of a definiti on of the terms, can a defendant receive a mana ger,
or sup ervisor enhancement under U.S.S.G. § 3B1. 1 when t he evi denc e establ ishes
that hi s alleged subordinates felt free to i gnore his requests and no sanctions were
imposed when they did so?

Question Presented (AI Summary)

Can a defendant receive a manager or supervisor enhancement under U.S.S.G. § 3B1.1 when the evidence establishes that his alleged subordinates felt free to ignore his requests and no sanctions were imposed when they did so?

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-13
Waiver of right of respondent United States of America to respond filed.
2020-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2020)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Victor Rivera Munoz
Wendy Lee HoltonAttorney at Law, Petitioner