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
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-05-15
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?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. In the absence of a definition of the terms, 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
Noel J. FranciscoSolicitor General, Respondent
Victor Rivera Munoz
Wendy Lee HoltonAttorney at Law, Petitioner
Wendy Lee HoltonAttorney at Law, Petitioner