No. 24-5533

Clint Monroe Utter v. United States

Lower Court: Fourth Circuit
Docketed: 2024-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abduction base-offense-level carjacking firearm-enhancement robbery sentencing-guidelines
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether the district court erred in denying Utter's objections to sentencing enhancements for brandishing a firearm, abducting a bank employee, and carjacking during a robbery offense

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the district court erred in denying Utter’s objection to the United States Probation Officer’s 5 level enhancement to his base offense level pursuant to U.S.S.G. §2B3.1(b)(2)(C) for purportedly brandishing a firearm during the commission of the robbery offense. 2. Whether the district court erred in denying Utter’s objection to the United States Probation Officer’s 4 level enhancement to his base offense level pursuant to U.S.S.G. §2B3.1(b)(4)(A) for purportedly abducting a bank employee during the commission of the robbery offense. 3. Whether the district court erred in denying Utter’s objection to the United States Probation Officer’s 2 level enhancement to his base offense level pursuant to U.S.S.G. §2B3.1(b)(5) for the robbery offense purportedly involving carjacking. i RULE 14.1(b)7) STATEMENT There are no parties in addition to those listed in the caption. RULE 14.1(b)Gii) STATEMENT United States v. Clint Monroe Utter, 1:20-CR-96-1, U.S. District Court for the Northern District of West Virginia. Judgment entered November 5, 2021. United States v. Clint Monroe Utter, No. 21-4645, U.S. Court of Appeals for the Fourth Circuit. Judgment entered June 28, 2024. ii

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-17
Waiver of right of respondent United States to respond filed.
2024-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2024)

Attorneys

Clint Utter
Scott Charlton BrownScott C. Brown Law Office, Petitioner
Scott Charlton BrownScott C. Brown Law Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent