No. 22-5580

Derrick Dion Ingram v. United States

Lower Court: Seventh Circuit
Docketed: 2022-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law appellate-review criminal-law criminal-procedure due-process firearm-enhancement firearms guideline-interpretation sentencing-guidelines statutory-construction statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether the commentary to U.S.S.G. § 2K2.1(b)(6)(B) is inconsistent with the guideline

Question Presented (OCR Extract)

QUESTION PRESENTED The United States Sentencing Commission promulgates the United States Sentencing Guidelines, which take effect only after congressional approval. 28 U.S.C. § 994(p). Sentencing Guideline commentary needs no such approval, but is authoritative only to the extent it reasonably interprets a guideline or explains how it is to be applied, without being inconsistent with that guideline. Stinson v. United States, 113 S.Ct. 1913 (1993). Where U.S.S.G. § 2K2.1(b)(6)(B) directs a four-level increase in offense level when a defendant possesses a firearm “in connection with another felony offense,” is that guideline’s commentary, directing that the enhancement applies if the firearm “facilitated, or had the potential of facilitating, another felony offense,” inconsistent with the guideline? i

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-19
Waiver of right of respondent United States to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2022)

Attorneys

Derrick Ingram
David Lisle BrengleFederal Public Defender, Southern District of Illi, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent