No. 24-6972
Michael John Stitts v. Brian Eller, Warden
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 III — Office of Tennessee Attorney General, Respondent
John Henry Bledsoe III — Office of Tennessee Attorney General, Respondent
Omari H. Patton
Omari H. Patton — Petitioner
United States
Sarah M. Harris — Acting Solicitor General, Respondent