No. 24-5980

Vernell Moore v. United States

Lower Court: Sixth Circuit
Docketed: 2024-11-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: district-court-discretion eighth-amendment methamphetamine-enhancement proportionality-of-punishment sentencing-disparity sentencing-guidelines
Key Terms:
AdministrativeLaw Punishment JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the District Court and Sixth Circuit erred in applying the 10:1 methamphetamine enhancement under U.S.S.G. §2D1.1 given potential constitutional and sentencing guideline disparities

Question Presented (OCR Extract)

QUESTION PRESENTED Whether both the District Court and Sixth Circuit erred in determining that the District Court was entitled to apply the 10:1 enhancement for methamphetamine (actual) recognized in U.S.S.G. §2D1.1 when the policy bases underlying the enhancement have eroded to the point that the continued ad hoc application of the enhancement by district courts continues to create a deluge of unwarranted and arbitrary sentence disparities in derogation of the intent of the Sentencing Guidelines and the concept of proportionality of punishment inherent in the Eight Amendment of the United States Constitution. ii

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Vernell Moore
Timothy L MickelEvans Harrison Hackett PLLC, Petitioner
Timothy L MickelEvans Harrison Hackett PLLC, Petitioner