No. 21-6642

Tre Reshawn Tate v. United States

Lower Court: Sixth Circuit
Docketed: 2021-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: application-note criminal-law dangerous-weapon judicial-deference kisor-v-wilkie possession robbery sentencing-guidelines statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the application note defining 'dangerous weapon' is overly broad under Kisor v. Wilkie by defining 'possession' to include merely pretending to possess one

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The United States Sentencing Guidelines (“USSG”) provides a_ three-point enhancement under the robbery guideline, U.S.S.G. § 2B3.1, if an individual “possessed” a “dangerous weapon” during the robbery. What constitutes a “dangerous weapon” is not defined in the guideline itself, but is instead defined in the commentary thereto. The question presented here is this: Is the application note defining “dangerous weapon” overly broad under Kisor v. Wilkie, 139 S. Ct. 2400 (2019) by defining “possession” of a “dangerous weapon” to include merely pretending to possess one—by sticking one’s empty hand into one’s bag? ii

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2022)

Attorneys

Tre Tate
Erin Phillippi RustFederal Defender Services of Eastern Tennessee, Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent