No. 24-6879

Zachary Michael Linan v. United States

Lower Court: Fifth Circuit
Docketed: 2025-03-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment
Key Terms:
SecondAmendment DueProcess Punishment
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond the jury's verdict, in violation of constitutional rights?

Question Presented (OCR Extract)

1. Did the Fifth Circuit err in affirming the district court’s application of U.S.S.G. § 2A1.2(a)(1) (Second Degree Murder) rather than § 2A2.2 (Aggravated Assault) or § 2K2.1 (Prohibited Possession of Firearms) in a manner that expands judicial fact -finding at sentencing beyond the jury’s verdict, in violation of the Fifth and Sixth Amendments and in conflict with the principle that sentencing enhancements should not be based on unproven allegations? 2. Is U.S.C. § 922(g)(1) unconstitutional in light of Bruen and its accompanying decisions?

Docket Entries

2025-04-21
Petition DENIED.
2025-04-04
Supplemental Brief of Zachary Linan submitted.
2025-04-04
Supplemental brief of petitioner Zachary Linan filed. (Distributed)
2025-04-02
DISTRIBUTED for Conference of 4/17/2025.
2025-03-31
Waiver of United States of right to respond submitted.
2025-03-31
Waiver of right of respondent United States to respond filed.
2025-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2025)

Attorneys

United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Zachary Linan
Joseph Jeff OstiniNational Defense Law, Petitioner