No. 21-5518

John Perez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop
Key Terms:
DueProcess
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of 'botanical leaf' found on May 9, 2018 during a traffic stop in Atascosa County?

Question Presented (OCR Extract)

QUESTION PRESENTED L. Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of “botanical leaf” found on May 9, 2018 during a traffic stop in Atascosa County? I. Was it improper for the Court to enhance for Mass Marketing, distributing a controlled substance through mass marketing by means of an interactive computer service, and impose a two-point increase? Ill. Was it improper for the Court to enhance for Maintaining a Premises, for purpose of manufacturing or distributing a controlled substance, and impose a two-point increase? IV. Was it improper for the Court to deny Mr. Perez’s objection to not receiving a minor role adjustment? i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

John Perez
Sandra EastwoodSandra Eastwood, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent