No. 21-8247

Johnathan Carter v. United States

Lower Court: Fifth Circuit
Docketed: 2022-06-28
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: abduction abduction-enhancement bank-robbery circuit-split criminal-law criminal-sentencing federal-sentencing sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-10-28 (distributed 2 times)
Question Presented (AI Summary)

Whether a person is 'abducted' within the meaning of § 2B1.3(b)(4)(A) if he is moved or ordered to move only a short distance within the same building or office suite

Question Presented (OCR Extract)

QUESTION PRESENTED The four-level abduction enhancement pursuant to U.S.S.G. § 2B1.3(b)(4)(A) was applied to Appellant’s bank robbery conviction based on moving victims from one part of an office suite or building to another part. This is the holding in the Third, Fourth, Fifth, and Tenth Circuits. It is contrary to the holdings in the Sixth, Seventh and Eleventh Circuits. The issue presented is whether a person is “abducted” within the meaning of § 2B1.3(b)(4)(A) if he is moved or ordered to move only a short distance within the same building or office suite. i

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-09-26
Brief of respondent United States in opposition filed.
2022-08-18
Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
2022-08-17
Motion to extend the time to file a response from August 25, 2022 to September 26, 2022, submitted to The Clerk.
2022-07-26
Response Requested. (Due August 25, 2022)
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2022)

Attorneys

Johnathan Carter
Thomas Donald Moran — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent