No. 21-7702
Tags: appellate-review due-process fifth-circuit presentence-investigation-report sentencing-enhancement supervisory-powers
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2022-05-26
Question Presented (AI Summary)
Whether the decision of the Fifth Circuit conflicts with Supreme Court precedent on sentencing enhancements
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit” or “Appellate Court”)-which affirmed the decision of the District Court applying a sentencing enhancement under U.S.S.G. § 2B3.1(b)(2)(C) despite the fact that the Presentence Investigation Report found the enhancement did not apply-conflicts with decisions of this Court on an important matter, and thus the decision by the Fifth Circuit calls for an exercise of this Court’s supervisory powers such that a compelling reason is presented in support of discretionary review.
Docket Entries
2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States of America to respond filed.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)
Attorneys
Marvin Lewis
James Scott Sullivan — Law Offices of J. Scott Sullivan, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent