No. 18-6208
Nicholas Ryan Hemsher v. United States
Response WaivedIFP
Tags: 18-usc-3553 8th-circuit appellate-review circuit-split co-conspirators criminal-enhancement criminal-procedure sentencing-disparities sentencing-disparities-18-usc-3553-a-6 sentencing-disparity sentencing-guidelines statutory-interpretation
Latest Conference:
2018-11-02
Question Presented (from Petition)
1) Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants, 18 U.S.C. § 3553(a)(6), does not apply to co-conspirators?
2) The Eighth Circuit Court of Appeals holding that "the another felony" enhancement in U.S.S.G. § 2K2.1(b)(6)(B) may be applied to a violation of second violation of statute of conviction is a matter of public importance.
Question Presented (AI Summary)
Whether the Eighth Circuit Court of Appeals erred in finding that the statutory direction to avoid unwarranted disparities among defendants does not apply to co-conspirators
Docket Entries
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent United States to respond filed.
2018-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)
Attorneys
Nicholas Hemsher
Justin Lee Bell — May, Adam, Gerdes & Thompson, LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent