No. 23-6748

Eric Lavell Minter v. United States

Lower Court: Sixth Circuit
Docketed: 2024-02-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof circuit-court-review civil-rights clear-error-standard criminal-enterprise criminal-procedure due-process evidence fact-based-enhancement managerial-role sentencing sentencing-enhancement
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerial-role sentencing enhancement?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Must a district court find that a defendant exercised control over another participant in a criminal enterprise before considering a managerialrole sentencing enhancement? Must a circuit court conduct fresh review of the sufficiency of evidence at sentencing to support a factbased sentencing enhancement before deferring to the district court’s factual findings under the clear-error standard?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-22
Waiver of right of respondent United States to respond filed.
2024-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2024)
2023-12-14
Application (23A547) granted by Justice Kavanaugh extending the time to file until February 9, 2024.
2023-12-12
Application (23A547) to extend the time to file a petition for a writ of certiorari from December 25, 2023 to February 9, 2024, submitted to Justice Kavanaugh.

Attorneys

Eric Lavell Minter
Andrew Stuart PollisMilton and Charlotte Kramer Law Clinic, Petitioner
Andrew Stuart PollisMilton and Charlotte Kramer Law Clinic, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent