No. 25-6756

Jacklin Cheramy v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-02-09
Status: Pending
Type: IFP
IFP Experienced Counsel
Tags: criminal-procedure federal-statute predicate-offense recidivist-enhancement sentencing-guidelines state-conviction
Latest Conference: N/A
Question Presented (AI Summary)

Whether, consistent with federal statute mandating the application of the United States Sentencing Guidelines in effect at the time of sentencing, a sentencing court must look to the validity of a state prior at the time of federal sentencing to determine whether the state conviction qualifies as a predicate offense for a recidivist sentencing enhancement under the United States Sentencing Guidelines?

Question Presented (OCR Extract)

In Brown v. United States , 602 U.S. 101 (2024) , this Court held that whether a prior state drug trafficking conviction qualified as a predicate under the Armed Career Criminal Act in a federal prosecution required a review of the state conviction at the time of the conviction. However, this Court expressly left open the question of whether a federal sentencing court must review the state conviction at the time of the federal sentencing , rather than at the time of the conviction, for a recidivist enhancement under the United States Sentencing Guidelines given the requirement that the Sentencing Guidelines in effect at sentencing must be applied . The Question Presented here is: Whether, consistent with federal statute mandating the application of the United States Sentencing Guidelines in effect at the time of sentencing , a sentencing court must look to the validity of a s tate prior at the time of federal sentencing to determine whether the state conviction qualifies as a predicate offense for a recidivist sentencing enhancement under the United States Sentencing Guidelines? ii INTERESTED PARTIES There are no

Docket Entries

2026-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2026)

Attorneys

Jacklin Cheramy
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent