Whether the Sentencing Commission's comments take precedent over the plain, statutorily construed language of the United States Sentencing Guidelines

No question identified. : Fe : : 7 ; ; BY I. BECAUSE THERE IS. A CONFLICT AMONG THE UNITED STATES CIRCUIT COURTS OF APPEAL! OVER THIS MATTER, CAN THE SENTENCING COMMISSIONS’ COMMENTS TAKE PRECEDENTS OVER THE PUAIN, STATUTORILY. CONSTRUED WANGUAGE OF THE UNITED STATES SENTENCING GUIDEUINES? Petitioner Jeses ansvers "No," The 6th Circuit GDA thinks *Yes,* The US. Government angyere °Yes.*. This US Supreme Court should resolve the conflict. TI, WAS THE US DISTRICT COURT'S OVER PREOCCUPATION INSTEAD OF PEWITIONER JANES? POST-CONVICTION REHAMIUTTATION AND SUBSTANTEAL! ASSISTANCE TO THE GOVERNMENT, CONTRARY To WHAT THIS US SUPREME GOURT HELD IN PEPPERS v UNITED STATES, 562 US 476: 139 S CT 1229 (2011,) AND WHAT NUMEROUS UNITED STATES CIRCUIT COURTS OF APPEAL'S AL! AGREE 10? Patitioner Jewes ensuers “Yee.” The US 6th Circuit COA believes "No,® . The US: District. Court opinioned "No." The US Governnent answered “No,” This. US. Supreme Court should enewar the question, TIL. CAN TWE US DISTRICT QOURT, CONTRARY TO WHAT THIS US SUPREME COURT HELD IN ALLEYNE v UNITED STATES, 570 US 95; 133 S CY 2151 (2013), UMMROUY DEPART FROM PETITIONER JAMES" 70-87 MONTHS RECOMMENDED GUIDEVINE MINIMUM SENTENCE TO 108 MONTHS BY MAKING AN INDEPENDENT FINDING OF FACT THAT PEFITIGNER JAMES DID NOT PLEAD GUILTY TO AT THE PLEA Petitioner James answers: "No. The US 6th Circuft COA believes "Veo." The US District Court. cpinioned "Yes. ® The US Government anquered "Yes," This US Supreme Court should ansuer the question, ED __—“—i<—_<__ << $55 _ EEE EEE EEE OEY PARTIES | 1. Craig James is the Petitioner in this certiorari. He is identified by the Bureau of Prison (BOP) as Craig Schenvisky James #15508-039, where he is serving his sentence at Talladega Federal Prison Camp, PMB 2000, Talladega, AL. 35160. 2. The United States of America, 950 Pennsylvania Avenue NW, Washington, D.C. 20530, located within the US Department of Justice and is headed by US Attorney General, Merrick B. Garland, but is represented by the United States Attorney General Assistant, Kate Zell, at P.O. Box 208, Grand Rapids, MI. 59501 | TABLE .OF CONTENTS INDEX OF AUTHORITIES OPINIONS BELOW. o2 : JURISDICTION. CONSTITUTION AND STATUTORY PROVISIONS INVOUVED. co. STATEMENT OF CASE. stad BASIS. FOR GRANTING CERTIDRART. A. CONFLICT AMONG UNITED STATES, CIRCUIT COURTS OF APPEAL) OVER WHETHER THE SENTENCING COMMISSION'S. COMMENTS. TAKE PRECEDENT OVER THE PUATN, STATUTORILY CONSTRUED UANGUAGE OF THE UNITED. STATES SENTENCING. sd1D , B, THE CONFLICT BETWEEN 6TH CIRCUIT COA PANELS. , f. CONTRARY TO WHAT THIS UNITED STATES SUPREME COURT HEUD IN AIEVNE v UNITED STATES, 570 US. 99; 133 S CT 2981 (2013) THE 6TH CIRCUIT COA OPINED THE US DISTRICT COURT WAS JUSTIFIED IN IS UPWARD DEPARTURE FROM THE 70 87 MONTHS TO 108 MONTHS BY MAKING AN INDEPENDENT FINDING OF ACT NOT PLIED TO BY PETITIONER JAMES.cdcvicseeced? : CONCLUSION. ct 213 | : | oo <i : INDEX .OE . AUTHORITIES United States Constitution US Const, VITI United States Codes 1B USC § T3O1. , TB USC § 1302. 1B USC § 1B USC § 1304. 1B USC § 18 USC § VB USC § 3553(8)(1)-(4) (0) (1). 18 USC. § F553) cece TB USC § 3553(C) cc TB USC § seep 359657 21 USC § BAT. 21 USC § B51... cr ele 12 2 UST § 21 USC § DSS. 21 USC § G59... 21 USC § a eee on ZT USC § 1ODD. ct 2B USC. § DDG (IN). vel yy 78,10 2B USC § DDG(N) shy? 28 USC § 21D... United States Sentencing Guidelines USSG § GAL. i OCR_Page_6