No. 22-5262

David D. Major v. United States

Lower Court: Seventh Circuit
Docketed: 2022-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion acceptance-of-responsibility appeal-denial career-offender criminal-history drug-related-offense obstruction-of-justice reliable-evidence sentencing-guidelines
Key Terms:
Takings
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Isnt Seventh Circuit's panel decision contrary with UNITED STATES v. CHEEKS,740 F.3d 440 (7thcir 2014),where district Court abused it's discretion in imposing Obstruction of Justice,because unlike CHEECKS the totality of the evidence,there is no evidence or indications Appellant attempted to pray on sympathies or« sway testimony? (2) Isn't panel's decision district court hasnt abused its discretion in denying appellant's argument criminal history is overstated contrary to UNITED STATES v. MCLAUGHLIN,760 F.3d 699 (7their 2014) and UNITED STATES v. TOWNSEND,73 F.3d 747 (7thcir 1996)? (3) Isn't panel's decision contrary to it's own case law that materially rebuks the panel's conclusion the district court had not abused it's discretion in determining appellant's drugs sold to Bukowski caused A.K's death,because as stated in both UNITED STATES v. LUCAS,670 F.3d 784 (7thcir 2012);UNITED STATES v. SANTIAGO 495 F.3d 870(7thcir 2007),this panel's decision confldets with it's relevant case law that a district court's sentencing determinations must be based on relaible evidence rather than speculation? (4) Isn't it abuse of discretion to enhance a sentence guideline range for obstruction of justice with insufficient evidence to support such conclusions? : (5) Isn't it an abuse of discretion by not overturning district courts denial of Acceptance of Responsibility based on PSR objections? (6) Isn't Seventh Circuits denial of appeal contrary to their owh precedent? (7) Isn't this sentence based upon incorrect guideline range contrary to UNITED STATES v. TOWNSEND,73 F.3d 747 (7their 1996)? (8) Didn't Seventh Circuit fail to determine district court's improper application of the U.S.Sentencing Guidelines? (9) Isn't material facts stated in Indictment only relevant to sentencing? (10) Didn't Seventh Circuit fail to render 25 year old prior offense outdated for Career offender? | ; : . | | ee |

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-05
Waiver of right of respondent United States to respond filed.
2022-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)

Attorneys

David Major
David D. Major — Petitioner
David D. Major — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent