No. 23-5583

Fernando Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant-conduct

Question Presented (OCR Extract)

QUESTION PRESENTED L. Whether alleged possession of a different gun 17 months after Mr. Lopez’s charged felon-in-possession offense constituted relevant conduct? I. Whether the use of a preponderance of the evidence standard in deciding to enhance Mr. Lopez’s sentence violated his Fifth Amendment and Sixth Amendment rights? III. Whether Mr. Lopez’s prior Texas robbery conviction qualified as a crime of violence under § 4B1.2? IV. Whether the use of Mr. Lopez’s prior robbery conviction both to enhance his base offense level and to increase his criminal history score amounted to impermissible double counting? OH

Docket Entries

2023-10-10
Petition DENIED.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-09-19
Waiver of right of respondent of United States to respond filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Fernando Lopez
Sandra EastwoodSandra Eastwood, Petitioner
of America, United States
Elizabeth B. PrelogarSolicitor General, Respondent