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
Latest Conference: 2022-09-28
Question Presented (from Petition)

(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 ore
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 (7thcir 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 conflicts 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
owb precedent?

(7) Isn't this sentence based upon incorrect guideline ranqe
contrary to UNITED STATES v. TOWNSEND, 73 F.3d 747 (7thcir 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offense outdated for Career offender?

Question Presented (AI Summary)

Question not identified

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
United States
Elizabeth B. PrelogarSolicitor General, Respondent