No. 20-5929

Tommy Lee Jones v. United States

Lower Court: Sixth Circuit
Docketed: 2020-10-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhancement of § 2G2.2 (b) (5) is applicable contrary to this Court's decision in Shepard v United States, 544 US 13 (2005)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhancement of § 2G2.2 (b) (5) is applicable contrary to this Court’s decision in Shepard v United States, 544 US 13 (2005)? IL. Is an award of restitution appropriate when mathematically calculated without consideration of Petitioner’s offense conduct contrary to this Court’s decision in Paroline v United States, 572 US 434 (2014)?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Waiver of right of respondent United States of America to respond filed.
2020-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2020)

Attorneys

United States of America
Jeffrey B. WallActing Solicitor General, Respondent