No. 20-6465

Damontaze Montrell Tillery v. United States

Lower Court: Fourth Circuit
Docketed: 2020-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: convicted-felon criminal-evidence criminal-procedure drug-trafficking due-process firearm-possession motion-for-acquittal sentencing sentencing-guidelines sufficiency-of-evidence
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the evidence at trial was sufficient to convict Petitioner

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Court of Appeals erred in affirming the District Court’s decision to overrule Petitioner’s motion for acquittal when the evidence at trial was insufficient to convict Petitioner of possession of a firearm by a convicted felon and discharging a firearm resulting in death during a drug trafficking offense where the evidence at trial demonstrated that Petitioner did not possess or fire a firearm during his brief interaction with the victim. Whether the Court of Appeals erred in ruling that the District Court did not commit error when sentencing Petitioner by applying the sentencing guideline for § 2A1.1 relating to first degree homicide. 1

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-16
Waiver of right of respondent United States to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Damontaze Montrell Tillery
Nicholas Ryan HobbsHobbs & Harrison, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent