No. 21-6020

Said Azzam Mohamad Rahim v. United States

Lower Court: Fifth Circuit
Docketed: 2021-10-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey circuit-split criminal-law criminal-sentencing due-process sentencing-guidelines specific-intent statutory-interpretation terrorism-enhancement
Key Terms:
Privacy
Latest Conference: 2021-12-10
Question Presented (AI Summary)

This Court should resolve the circuit split that has developed by finding that the twelve-level terrorism enhancement under U.S.S.G. §3A1.4 requires a finding of specific intent pursuant to 18 U.S.C. § 2332B(g)(5)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Question 1: This Court should resolve the circuit split that has developed by finding that the twelve-level terrorism enhancement under U.S.S.G. §3A1.4 requires a finding of specific intent pursuant to 18 U.S.C. § 2332B(g)(5). Question 2: Imposing a_ twelve-level terrorism enhancement, automatically making a defendant’s criminal history a category VI, on a criminal defendant when the underlying elements of the crime were not established by proof beyond a reasonable doubt is incongruous to this Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000). STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case. Rahim Petition for Writ ofCertiorari = —iti(‘Sé! él

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-18
Waiver of right of respondent United States to respond filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

Said Rahim
James Patrick WhalenWhalen Law Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent