No. 21-6208

Daliang Guo v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: control-over-others criminal-procedure criminal-scheme criminal-sentencing leader-enhancement leadership-role ninth-circuit participant-control role-model sentencing-guidelines
Key Terms:
SocialSecurity
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether a defendant who took part in a criminal scheme with multiple participants is properly subject to the leader/organizer enhancement at USSG § 3B1.1(a), where the defendant had no control over any other participant and was not the architect who planned and organized the scheme, but who, at the behest of those running the scheme, held himself out as a successful participant that others could emulate?

Question Presented (OCR Extract)

Question Presented Whether a defendant who took part in a criminal scheme with multiple participants is properly subject to the leader/ organizer enhancement at USSG § 3B1.1 (a), where the defendant had no control over any other participant and was not the architect who planned and organized the scheme, but who, at the behest of those running the scheme, held himself out as a successful participant that others could emulate? i Statement of

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-16
Waiver of right of respondent United States to respond filed.
2021-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2021)

Attorneys

Daliang Guo
Sonam HendersonOffice of the Federal Public Defender-CDCA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent