No. 20-7446

Juan Luis Rivera Arreola v. United States

Lower Court: Fifth Circuit
Docketed: 2021-03-12
Status: Denied
Type: IFP
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
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 BaileyDon Bailey, Attorney at Law, Petitioner
Donald Lee BaileyDon Bailey, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent