No. 19-8830

Justin Michael Oxendine v. United States

Lower Court: Fourth Circuit
Docketed: 2020-06-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-review circuit-court criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion legal-standard sentencing sentencing-guidelines upward-variance
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the district court abused its discretion by varying upward

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the district court abused its discretion by varying upward when an applicable guideline provision addressed conduct that formed part of the rationale for the variance.

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Waiver of right of respondent United States to respond filed.
2020-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2020)

Attorneys

Justin Michael Oxendine
Stephen Clayton GordonFederal Public Defender, Petitioner
Stephen Clayton GordonFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent