No. 23-7616

Jacob Ray Owens v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof co-conspirator-evidence criminal-procedure drug-conspiracy drug-purity drug-quantity ineffective-assistance ineffective-assistance-of-counsel methamphetamine-purity sentencing sentencing-enhancement
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the purity of methamphetamine, linked to Owens's conspiracy solely by personnel, permitted an inference that Owens's methamphetamine was similarly pure

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW At his sentencing, Owens was held responsible for methamphetamine (actual). The only evidence of the methamphetamine’s purity was the purity of methamphetamine seized from Owens’s co-conspirator’s co-conspirator, well after Owens’s arrest. Despite the lack of evidence, neither trial nor appellate counsel objected to the purity finding. Owens filed a motion to vacate his sentence based on his counsels’ ineffectiveness. The courts and parties below assumed that prior counsel was ineffective and that if Owens showed a reasonable probability of prevailing on a purity objection, his sentence would have been lower. Thus, the sole issue is: Whether the purity of methamphetamine, linked to Owens’s conspiracy solely by personnel, permitted an inference that Owens’s methamphetamine was similarly pure. i

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States to respond filed.
2024-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2024)

Attorneys

Jacob Ray Owens
Shane O'NealO'Neal Law, Petitioner
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent