No. 23-5946

Dravion Sanchez Ware v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-11-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split criminal-procedure criminal-sentencing due-process identification identification-evidence law-enforcement physical-restraint sentencing-guidelines surveillance-evidence
Key Terms:
Privacy
Latest Conference: 2024-04-19 (distributed 2 times)
Question Presented (AI Summary)

Whether the physical restraint enhancement in U.S.S.G. § 2B3.1(b)(4)(B) requires more than pointing a gun at someone

Question Presented (OCR Extract)

QUESTION PRESENTED L As held by other Circuits, the physical restraint enhancement in US.S.G. § 2B3.1(b)(4)(B) requires more than pointing a gun at someone, and the Eleventh Circuit's decision to the contrary should be reversed, as it is clearly out of line with the other Circuits. I. A law enforcement officer should not be permitted to identify a defendant from surveillance videos where he is only familiar with the defendant based on his post-arrest interview, at which time the officer has already plainly determined that the defendant is the perpetrator. i

Docket Entries

2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-21
Brief of respondent United States in opposition filed.
2024-02-08
Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2024.
2024-02-07
Motion to extend the time to file a response from February 20, 2024 to March 21, 2024, submitted to The Clerk.
2024-01-05
Motion to extend the time to file a response is granted and the time is further extended to and including February 20, 2024. See Rule 30.1.
2024-01-04
Motion to extend the time to file a response from January 19, 2024 to February 19, 2024, submitted to The Clerk.
2023-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2024.
2023-12-12
Motion to extend the time to file a response from December 20, 2023 to January 19, 2024, submitted to The Clerk.
2023-11-20
Response Requested. (Due December 20, 2023)
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-07
Waiver of right of respondent United States to respond filed.
2023-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2023)

Attorneys

Dravion Ware
Leigh Ann WebsterStrickland Webster, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent