No. 23-6950

Lawrence Guerain Fleming v. United States

Lower Court: Ninth Circuit
Docketed: 2024-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure felon-in-possession guideline-interpretation judicial-interpretation obstruction-of-justice pre-investigation-conduct sentencing-enhancement sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Can the sentencing guideline be applied to the defendant's conduct, which occurred before any justice was being administered and before any investigation of his offense of conviction had been initiated?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner pled guilty to being a felon in possession of ammunition. His sentence was increased pursuant to section 3C1.1 of the United States Sentencing Guidelines, which authorizes an enhanced sentence if the defendant “willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction.” Can the guideline be applied to petitioner’s conduct, which took place on a public highway right after he had a motorcycle accident, occurred before any justice was being administered and before any investigation of his offense of conviction had been initiated? i

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-15
Waiver of right of respondent United States to respond filed.
2024-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2024)

Attorneys

Lawrence Fleming
Walter K. Pyle Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent