No. 18-6589
Response WaivedIFP
Tags: circuit-court criminal-law criminal-procedure false-statement false-statements materiality obstruction-of-justice sentencing sentencing-enhancement stipulation
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-12-07
Question Presented (from Petition)
1. When a defendant admits to all the elements of an offense/enhancement, does a prevarication on details not effecting the question of guilt render the prevaricationsimmaterial?
2. Can the Circuit Court find a false statement to be material for the purpose of applying a sentencing enhancement for obstruction of justice even though the defendant stipulated to the enhancement (U.S.S.G. § 2K2.1(b)(5)) the false statement centeredaround?
3. enhancement upon an entirely different issue than the District Court originally applied it for?
Question Presented (AI Summary)
When a defendant admits to all the elements of an offense/enhancement, does a prevarication on details not effecting the question of guilt render the prevarications immaterial?
Docket Entries
2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-09
Waiver of right of respondent United States to respond filed.
2018-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2018)
Attorneys
Liddon Young
David C. Pilato — LaDuca Law Firm, LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent