No. 21-5514

Diandra Marie Harvey v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-3553(f) constructive-possession discretionary-review fifth-circuit firearm supervisory-powers
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-01-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the decision of the Fifth Circuit conflicts with decisions of this Court on an eligibility for safety-valve reduction

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”)-which affirmed the decision of the District Court that Ms. Harvey constructively possessed a firearm and therefore was not eligible for a safety-valve reduction under 18 U.S.C. § 3553(f)-conflicts with decisions of this Court on an important matter, and thus the decision by the Fifth Circuit calls for an exercise of this Court’s supervisory powers such that a compelling reason is presented in support of discretionary review by this Honorable Court.

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-31
Reply of petitioner Diandra Harvey filed. (Distributed)
2021-12-20
Brief of respondent United States in opposition filed.
2021-11-09
Motion to extend the time to file a response is granted and the time is further extended to and including December 20, 2021.
2021-11-08
Motion to extend the time to file a response from November 19, 2021 to December 20, 2021, submitted to The Clerk.
2021-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
2021-10-12
Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
2021-09-20
Response Requested. (Due October 20, 2021)
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Diandra Harvey
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent