No. 20-7961

Antonio Olmeda v. United States

Lower Court: Second Circuit
Docketed: 2021-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is multiplicitous, and not intended by Congress to punish the same offense under two separate statutes

Question Presented (OCR Extract)

QUESTION(S) PRESENTED a Whether a Judgment and Conviction on two counts, under U.S.S.G. : § 2K2.1.(a), for unlawful "receipt" of a firearm and "Possession" = of that firearm.is multiplicitous, arid not intended. by congréss: to punish the same offense under two seperate statutes. : : , ; Whether U.S.S.G..§ 2K2.1.(b)(4)(B), and(b)(6)(B), enhancements, "area sentencing factor or an element of another offense, that must be submitted to a Jury and proved beyond reasonable doudt. . , + Pursuant to U.S.S.G. § 5G1.3(c), cmt. 3, can a sentence subject... ; to an anticipated state term of imprisonment, be imposed fo run. consecutively to a federal sentence. , «+ Whether the District Court upon Remand and Mandate, under. 18 U:SiC § 3742(a), is’ subject to resentence a defendant in a manner and oo consistant with such instructions as may have been given by the . Court of Appeals... ; : . ; ae "see. eg. , [Violations of the Fifth, Sixth and Eighth amendments ] ; [of the United States Constitution] ,

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-13
Waiver of right of respondent United States to respond filed.
2021-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Antonio Olmeda
Antonio Olmeda — Petitioner
Antonio Olmeda — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent