No. 23-5504

Jabriel Fitzgerald Lakes v. United States

Lower Court: Fourth Circuit
Docketed: 2023-08-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure
Key Terms:
SocialSecurity Immigration
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Did the District Court commit error that substantively violated Lakes' right when it failed to include the disputes of the objection to the PSR which is to be included in the FBOP files

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the District Court commit "error" that substantively : . —wiolated Lakes' right when it failed.to enclude the disputes .. . : of the objection to the PRS which is to be encluded in the FBOP files; This file states that the PSR was adopted without change. This designation, in turn causes the BOP to classify Lakes as a violent offender, increase his residivism risk assessment sheet, and affect his ability to program and reduce the amount of time incarcerated. Was the over-ruling of Lakes' objection to the firearm enhancement a "harmless error" that violated Lakes' rights? When the District Court adopted the PSR without change, and didinot append a copy of the "statement of reasons" addressing «=. the objections and it's effect on the sentence imposed, was this a violation of Federal Rules of Criminal Procudure 32?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
Waiver of right of respondent United States to respond filed.
2023-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2023)

Attorneys

Jabriel Lakes
Jabriel Fitzgerald Lakes — Petitioner
Jabriel Fitzgerald Lakes — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent