No. 19-8523

Christian James v. United States

Lower Court: Fifth Circuit
Docketed: 2020-05-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split due-process fifth-circuit government-promise obstruction-of-justice sentencing sentencing-guidelines substantial-justice united-states-sentencing-guidelines writ-of-certiorari
Latest Conference: 2020-06-25
Question Presented (from Petition)

1. Whether the Fifth Circuit Court of Appeals opinion rejecting James's
claim that the Government made an implied promise that any
obstruction of justice enhancement must conform to the United States
Sentencing Guidelines is a miscarriage of substantial justice ?

2. Whether it was a miscarriage of substantial justice for the Fifth
Circuit Court of Appeals' opinion to permit James's sentence to stand
without James having obstructed the investigation, prosecution, or
sentencing of the offense of his conviction?

3. Whether this Court should grant J ames's Writ ofCertiorari to
resolve a circuit split between the Fifth and Eighth Circuit regarding the
application of obstruction of justice enhancement under U.S.S.G. §3C1.1?

Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals opinion rejecting James's claim that the Government made an implied promise that any obstruction of justice enhancement must conform to the United States Sentencing Guidelines is a miscarriage of substantial justice?

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-02
Waiver of right of respondent United States to respond filed.
2020-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Christian James
Gerald Conway MotonMoton Law Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent