No. 24-6972

Michael John Stitts v. Brian Eller, Warden

Lower Court: Sixth Circuit
Docketed: 2025-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure drug-quantity guidelines-interpretation indictment leadership-role sentencing-enhancement
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Whether a federal sentencing enhancement under U.S.S.G. § 3B1.1(a) is permissible when leadership participants are charged in a separate indictment

Question Presented (OCR Extract)

. WHEN FEDERAL DEFENDANTS ARE ATTRIBUTEDA DRUG QUANTITY FAILS TO TESTIFY CONDUCTED AND THERES NO REQUIRE reversalbased on extrapolation and the chemist AS TO -HOW THE EXTRAPOLATION WAS evidence in the record does this WHEN DEFENDANTS RECEIVE AN LEADERSHIP ENHANCEMENT WHICH INVOLVED 5 OR MORE PARTICIPANTS BUT NOT CHARGED IN THE INSTANT INDICTMENT BUT ARE INDICTMENT IS THE ENHANCEMENT PERMISSIBLEUNDER 3B1.1(A) THE 5 PARTICIPANTS ARE CHARGED IN A SEPARATj I** ■ : §§.'■X m • v'V ■ '

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-21
Waiver of Eller, Warden of right to respond submitted.
2025-04-21
Waiver of right of respondent Eller, Warden to respond filed.
2025-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2025)
2024-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2025)

Attorneys

Eller, Warden
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent
Michael John Stitts
Michael John Stitts — Petitioner
Michael John Stitts — Petitioner
Omari H. Patton
Omari H. Patton — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent