No. 23-6068

Jermaine Deshan West v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment courts-of-appeals due-process empirical-evidence equal-protection fifth-amendment methamphetamine sentencing-disparities sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the U.S. Sentencing Commission abdicated its duties under 28 U.S.C. $994(2)(1)(B) when determining the appropriate amount of imprisonment Courts should impose utilizing the 10-1 actual to mixture ratio under the U.S. Sentencing Guidelines without any empirical data to support this ratio, resulting in unwarranted sentencing disparities of those convicted of Methamaphetamine crimes, contrary to the Equal Protection of the 5th Amendment Due Process Clause?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED There is a conflict aronest the Circuit Courts of Appeals regartting the applicability of the Sentencing Commission's Guidelines because of lack of empirical data to support its Sentencing Guidelines. Wherefore, Petitioner Jermaine Deshan West, (‘West"), raises the following question: "Whether the U.S. Sentencing Commission abdicated its duties under 28 U.S.C. $994(2)(1)(B) when detemmining the appropriate amount of imprisonment Courts should impose utilizing the 10-1 actual to mixture ratio under the U.S. Sentencing Guidelines without any empirical data to support this ratio, resulting in unwarranted sentencing disparities of those convicted of Methamaphetamine crimes, contrary to the Equal Protection of the 5th Amendment Due Process Clause?" ; Petitioner West raises this question according to Rule 10 (a) of the Rules.of The Suprane Court of the . United States because "a United States court of appeals has entered a decision in conflict with the decison of another United States court of appeals on the sane important matter”. : .

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent United States to respond filed.
2023-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2023)
2023-08-25
Application (23A171) granted by Justice Alito extending the time to file until November 6, 2023.
2023-08-09
Application (23A171) to extend the time to file a petition for a writ of certiorari from September 21, 2023 to November 5, 2023, submitted to Justice Alito.

Attorneys

Jermaine Deshan West
Jermaine Deshan West — Petitioner
Jermaine Deshan West — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent