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
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2021-09-27
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
Question Presented (from Petition)
QUESTIONS PRESENTED I. 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. i
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
Seth Allen Neyhart — Everett & Everett, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent
Brian H. Fletcher — Acting Solicitor General, Respondent