No. 18-5845
David L. Pierce v. United States
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability civil-procedure due-process habeas-corpus judicial-review order procedural-default sixth-circuit standing
Latest Conference:
2018-10-05
Question Presented (from Petition)
1.)
Did the Sixth Circuit Court Of Appeals err when it denied
petitoner a Certificate of Appealability based upon their "ORDER,"
(Appendix A) that staes; "...we have not decided whether a sentence.
may be enhanced under section 2B1.1(b)(2), based on victims who were
also· co-conspirators..." Further stating
that the claim was; ...based
on "unsettled law?"
2.)
Should a district court enhance a defendant based on, "unsettled
law?"
3.)
10 or more victims?
Question Presented (AI Summary)
Did the Sixth Circuit Court Of Appeals err when it denied petitoner a Certificate of Appealability based upon their 'ORDER'
Docket Entries
2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent United States to respond filed.
2018-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2018)
Attorneys
David L. Pierce
David L. Pierce Jr. — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent