No. 21-5045

Colvis Jerrod Higgins v. United States

Lower Court: Fifth Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release
Key Terms:
Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to attend drug treatment even though Mr. Higgins does not have a history of drug or alcohol abuse?

Question Presented (OCR Extract)

QUESTION PRESENTED L Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to attend drug treatment even though Mr. Higgins does not have a history of drug or alcohol abuse? I. Did the district court plainly err when it failed to adequately explain the basis for the special alcohol prohibition and drug treatment condition? i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Waiver of right of respondent United States of America to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Colvis Higgins
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent