No. 23-5240

Alden Brent Cooper v. United States

Lower Court: Fifth Circuit
Docketed: 2023-07-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause of the Fifth Amendment and lack a proper foundation for the denial of the credit in light of a defendant's due process right to contest alleged factual errors in his Presentence Investigation Report?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . Section 18 U.S.C. § 2252A(a)(1) can be violated by either knowingly receiving or distributing child pornography. A defendant accused of a violation of that statute is entitled to a two-level downward adjustment for acceptance of responsibility under U.SS.G. § 3E1.1(a) if the defendant clearly demonstrates acceptance of responsibility for his offense. The paramount factor in determining eligibility for § 3E1.1 credit is whether the defendant truthfully admits the conduct comprising the offense or offenses of conviction. 1. Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause of the Fifth Amendment and lack a proper foundation for the denial of the credit in light of a defendant's due process right to contest alleged factual errors in his Presentence Investigation Report? 2. Where a defendant has admitted guilt both to federal law enforcement officers and in open court at sentencing, and expressed remorse, does the denial of the acceptance of responsibility reduction because the admission of guilt was not made to the probation officer during the presentence investigation interview violate due process and penalize a defendant for asserting his constitutional rights?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-03
Waiver of right of respondent United States to respond filed.
2023-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2023)

Attorneys

Alden Brent Cooper
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent