No. 22-5028

Damien Dre Gonzales v. United States

Lower Court: Fifth Circuit
Docketed: 2022-07-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: adam-walsh-act appeals commerce-clause criminal-procedure district-court federal-kidnapping federal-sentencing guidelines-error harmless-error sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Is a district court's Guidelines error always harmless when the court states that it would have imposed the same sentence regardless of the Guidelines?

Question Presented (from Petition)

QUESTIONS PRESENTED IL Is a district court’s Guidelines error always harmless when the court states that it would have imposed the same sentence regardless of the Guidelines? I. Is the federal kidnapping statute—as amended by the 2006 Adam Walsh Act—a facially unconstitutional exercise of Congress’s Commerce Clause power? i

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-19
Waiver of right of respondent United States of America to respond filed.
2022-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2022)

Attorneys

Damien Gonzales
Brandon Elliott BeckFederal Public Defender's Office, NDTX, Petitioner
Brandon Elliott BeckFederal Public Defender's Office, NDTX, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent