No. 21-5548

Brent Anderson v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure double-counting firearm-possession plain-error reckless-endangerment sentencing-enhancement sentencing-guidelines vehicular-flight
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Did the district court plainly err when it applied a 2-level enhancement for 'reckless endangerment during flight' after already applying a 4-level 'in connection with another felony' enhancement for the same conduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the district court plainly err when it applied a 2-level enhancement for “reckless endangerment during flight” after already applying a 4-level “in connection with another felony” enhancement for the same conduct? II. Did the district court plainly err when it found that Mr. Anderson used or possessed a firearm “in connection with” vehicular flight even though he threw the firearm out of the window of the vehicle mid-flight? 1

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent United States to respond filed.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Brent Anderson
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
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent