No. 20-7446
Juan Luis Rivera Arreola v. United States
Response WaivedIFP
Tags: circuit-split co-defendant-liability criminal-procedure criminal-sentencing drug-offense federal-sentencing-guidelines firearm-enhancement reasonable-foreseeability sentencing-guidelines tools-of-the-trade U.S.S.G.-2D1.1(b)(1)
Key Terms:
AdministrativeLaw SocialSecurity Immigration
AdministrativeLaw SocialSecurity Immigration
Latest Conference:
2021-04-16
Question Presented (AI Summary)
Sentencing-enhancement-for-firearm-possession
Question Presented (OCR Extract)
QUESTION PRESENTED In order to warrant a two-level enhancement for possession of a firearm, pursuant to U.S.S.G. § 2D1.1(b)(1), is it sufficient to simply label firearms as “tools of the trade” which allows for an inference of possession when possessed by a co-defendant, as is the rule in the Fifth Circuit, or must there be reasonable foreseeability as required by the Sixth, Eight, Ninth, Eleventh and D.C. Circuits? 2
Docket Entries
2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-16
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)
Attorneys
Juan Rivera Arreola
Donald Lee Bailey — Don Bailey, Attorney at Law, Petitioner
Donald Lee Bailey — Don Bailey, Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent