No. 18-6352
Joseph Kelvin Aberant v. United States
Response WaivedIFP
Tags: attempted-murder cross-reference firearm firearm-offense fourth-circuit imperfect-self-defense indictment self-defense sentencing-guidelines
Latest Conference:
2018-11-16
Question Presented (from Petition)
I. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING
THAT THE CROSS REFERENCE UNDER SECTION 2K2.1(C)(l)
OF THE UNITED STATES SENTENCING GUIDELINES WAS
APPLICABLE WHERE NO FIREARM WAS CITED IN THE
INDICTMENT?
II. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING THE
SECTION 2A2.1 CROSS REFERENCE TO ATTEMPTED FIRST
DEGREE MURDER APPLICABLE WHERE THE EVIDENCE
SUPPORTED A FINDING OF IMPERFECT SELF-DEFENSE?
Question Presented (AI Summary)
Whether the Fourth Circuit erred in finding that the cross reference under Section 2K2.1(c)(1) of the United States Sentencing Guidelines was applicable where no firearm was cited in the indictment?
Docket Entries
2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-24
Waiver of right of respondent United States to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)
Attorneys
Joseph Kelvin Aberant
Sharon L. Smith — Unti & Lumsden LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent