No. 23-5995

Jake Messer v. United States

Lower Court: Sixth Circuit
Docketed: 2023-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion character-testimony commerce-clause federal-kidnapping-statute guidelines-calculation interstate-commerce noneconomic-violent-crime procedural-reasonableness sentencing sentencing-guidelines
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Whether the Sixth Circuit's interpretation of the Federal Kidnapping statute, 18 U.S.C. § 1201(a)(), as applied to Petitioner, exceeded Congressional authority to prosecute under the Commerce Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Sixth Circuit’s interpretation of the Federal Kidnapping statute, 18 U.S.C. § 1201(a)(), as applied to Petitioner, exceeded Congressional authority to prosecute under the Commerce Clause, Constitution, Art. I, § 8, cl. 8, where it affirmed the prosecution of a wholly intrastate noneconomic violent crime, only incidentally using instrumentalities of interstate commerce, and not directed at those instrumentalities? Il. Whether the district court district court abused its discretion at Mr. Messer’s sentencing proceeding and imposed a procedurally unreasonable sentence upon him where it erroneously determined that the offense conduct in Mr. Messer’s prior drug conspiracy conviction was criminal history rather than relevant conduct resulting in an improper calculation of his advisory Guidelines offense variable score and improperly scored several offense variables that resulted in a Guidelines range of life in prison? Il. Whether the district court district court abused its discretion at Mr. Messer’s sentencing proceeding and imposed a substantively unreasonable sentence upon him where it relied in part on impermissible character testimony based on innuendo, speculation and hearsay, and placed inordinate weight on Mr. Messer’s history and characteristics, offense facts and the need to punish, in sentencing him to a custodial term of life in prison?

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-16
Waiver of right of respondent United States to respond filed.
2023-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2023)

Attorneys

Jake Messer
Martin James BeresAttorney at Law, Petitioner
Martin James BeresAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent