No. 19-8508

Javier Villar v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-05-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines
Key Terms:
CriminalProcedure
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether the district court and the court of appeals erred in denying the defendant's motion to suppress evidence

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW (1) Whether the District Court and the Court of Appeals erred in denying the Defendant's motion to suppress evidence located in the Appellant's residence when there was a lack of probable cause to believe that contraband would be located in his home. (2) Whether the District Court and subsequently the Circuit Court erred in denying the Appellant's motion to strike sentencing enhancement pursuant to U.S.S.G. 2D1.1(b)1 when the Defendant was not in possession of a firearm as intended by the Sentencing Guidelines. ili (3) Whether the District Court, and subsequently the Circuit Court erred in attaching a _ sentencing enhancement pursuant to U.S.S.G. 3B1.1(b), when the Defendant did not have a "managerial role in the offense" when looking at the factors set forth by the Sentencing Commission.

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-27
Waiver of right of respondent United States to respond filed.
2020-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2020)

Attorneys

Javier VIllar
James Wesley ChandlerLaw Office of James W. Chandler, P.A., Petitioner
James Wesley ChandlerLaw Office of James W. Chandler, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent