No. 20-8181
Linwood Earl Stephens v. United States
Response WaivedIFP
Tags: appeals appellate-jurisdiction clearly-erroneous-fact criminal-procedure due-process fact-finding fourth-circuit judicial-review jurisdiction sentencing-guidelines standard-of-review
Latest Conference:
2021-09-27
Question Presented (from Petition)
Whether the Fourth Circuit Court of Appeals below erred in holding it did not have jurisdiction to review a decision to deny a departure under the United States Sentencing Guidelines when that decision was based on a clearly erroneous fact.
Question Presented (AI Summary)
Whether the Fourth Circuit Court of Appeals erred in holding it did not have jurisdiction to review a decision to deny a departure under the United States Sentencing Guidelines
Docket Entries
2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-08
Waiver of right of respondent United States to respond filed.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2021)
Attorneys
Linwood Stephens
Seth Allen Neyhart — Everett & Everett, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent