No. 23-7304

Michael Anthony Granado v. United States

Lower Court: Sixth Circuit
Docketed: 2024-04-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law due-process firearms firearms-possession music-videos relevant-conduct sentencing-guidelines sixth-circuit uncharged-offenses
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Whether district courts are misapplying the 'relevant-conduct' section of the United States Sentencing Guidelines

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The United States Sentencing Guidelines directs courts to use uncharged offenses in its calculation of a defendant's guideline range if the uncharged offenses constitute "relevant conduct" under U.S.S.G. § 1B1.3. The Sixth Circuit Court of Appeals held that possession of firearms in You Tube music videos constituted "relevant conduct", notwithstanding the fact that each music video is separated by approximately a year, as well as the fact that there is no common purpose or similar modus operandi between the uncharged conduct and the instant conviction. Are district courts being allowed to overreach and misapply the "relevant conduct" section of the Guidelines?

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-02
Waiver of right of respondent United States to respond filed.
2024-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)

Attorneys

Michael A. Granado
Michael A. Granado — Petitioner
Michael A. Granado — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent