No. 24-6567

Longino Lopez Flores, IV v. United States

Lower Court: Fifth Circuit
Docketed: 2025-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-appeal drug-offense fifth-circuit firearm-possession sentencing-enhancement statutory-interpretation
Latest Conference: 2025-03-21
Question Presented (AI Summary)

QP: Did the Fifth Circuit err in affirming a four-level sentencing enhancement for simultaneous possession of drugs and a firearm under 18 U.S.C. § 922(g)(1)?

Question Presented (OCR Extract)

No question identified. : Question Pr esented for Review Did the Fifth Circuit err in affirm ing the four level enhancement to petition er’s sentencing range for a convic tion unde r 18 U.S.C. § 922(g)(1), whic h is authoriz ed when the defendant used or posse ssed any firearm in conne ction with anothe r felony offense, when the evidence was insuffic ient to support this enhancement because it only showe d simultaneous presence of drugs and a firearm, and the Fifth Circuit failed to rely on its two prior opini ons that refused to apply this type of enhancement, but instead relied on a Fourth Circuit opinion to affirm petitione r’s sentence? i List of Par ties The names of the parties are listed in the caption of this case. The judgm ent in a criminal case was imposed by the Hon. Alan D. Albright, Unite d States Distric t Judge for the Western Distric t of Texas, Waco Division. The panel of the Unite d States Court of Appe als for the Fifth Circuit at New Orleans, Louisia na, whic h conside red petitione r’s appeal and issue d an unpublishe d per curiam opinion, consiste d of Fifth Circuit Judge s Jacques L. Wiener, Jr., Don R. Willett, and Stuart Kyle Dunc an. ii Table of Conte nts Question Pre sented for R eview. i List of Pa rties. ii

Docket Entries

2025-03-24
Petition DENIED.
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of United States of right to respond submitted.
2025-02-25
Waiver of right of respondent United States to respond filed.
2025-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2025)

Attorneys

Longino Lopez Flores, IV
Gregory Don Sherwood — Petitioner
Gregory Don Sherwood — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent