No. 21-7841

Danny Jewell v. United States

Lower Court: Fifth Circuit
Docketed: 2022-05-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split criminal-law drug-offense due-process importation-enhancement knowledge-requirement sentencing-guidelines strict-liability
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Whether the Fifth Circuit's strict liability approach to the importation enhancement under the United States Sentencing Guidelines is correct

Question Presented (OCR Extract)

QUESTION PRESENTED The United States Sentencing Guidelines provide for an enhanced sentence for a person who commits an offense involving the importation of amphetamine’ or methamphetamine. Unlike any of its sister circuits, the Fifth Circuit reads this as a strict liability enhancement, applying it no matter what the defendant knew of his contraband’s origin. Is this Fifth Circuit’s reading correct? 2

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-16
Waiver of right of respondent United States of America to respond filed.
2022-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2022)

Attorneys

Danny Jewell
J. Joseph Mongaras Jr.Udashen Anton, Petitioner
J. Joseph Mongaras Jr.Udashen Anton, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent