No. 22-7806

Travis Charles Werkmeister v. United States

Lower Court: Eighth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure criminal-sentencing drug-offense drug-trafficking federal-sentencing-guidelines mens-rea methamphetamine-importation scienter-requirement sentencing-guidelines statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the two-level enhancement under U.S.S.G. § 2D1.1(b)(5) requires the government to establish the defendant's knowledge that the methamphetamine was unlawfully imported

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW 1. Whether this Court should grant the Writ to resolve a circuit split as to whether the two level enhancement under U.S.S.G. § 2D1.1 (b) (5) contains a scienter requirement relating to whether the Government must establish that a Defendant knew that the methamphetamine was unlawfully imported? i PARTIES Travis Werkmeister is the Petitioner; he was the DefendantAppellant below before the 8" Circuit. The United States of America is the respondent; it was the Plaintiff-Appellee below. Additionally, Mr. Werkmeister’s appeal was consolidated along with his co-defendants which are set forth here. All opinions were decided and rejected on March 14, 2023, the same day as Mr. Werkmeister’s appeal was rejected. United States v. Rogelio Hernandez 21-3709 United States v. Bobby Robey 21-3752 United States v. Breanna Garcia 21-3753 United States v. Jack Mazariegos-Galicia 21-3924 il

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-22
Waiver of right of respondent United States of America to respond filed.
2023-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Travis Werkmeister
Rockne ColeCole Law Firm, PC, Petitioner
Rockne ColeCole Law Firm, PC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent