No. 22-6558

Roshua Marquiston White v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-sentencing minimal-role minor-role sentencing-guidelines standard-of-review
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Whether the Fifth Circuit erred in affirming the district court's denial of a minor or minimal role reduction under the Sentencing Guidelines without a meaningful standard of review

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Petitioner, ROSHUA MARQUISTON WHITE, pleaded guilty to conspiracy to possess with intent to distribute 500 or more grams of methamphetamine. He objected to the Presentence Investigation Report because he was given no reduction for minor or minimal party. The District Court denied the objection. On appeal, Mr. White argued to the Fifth Circuit Court of Appeals (“Fifth Circuit” or “Appellate Court”) that this was error. However, the Fifth Circuit disagreed and affirmed the District Court. Mr. White submits that the action of the Fifth Circuit was done without any meaningful standard of review, as established by this Court. Thus, the Fifth Circuit has decided an important federal question in a way that conflicts with relevant decisions of this Court. Acompelling reason is thus presented in support of discretionary review. Mr. White therefore requests that this Honorable Court grant this Petition and allow this case to proceed to resentencing with a reduction for minor/minimal party status.

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
Waiver of right of respondent The United States to respond filed.
2023-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Roshua White
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
The United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent