No. 18-9578

James Jacob Parrish, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether Parrish's sentence was procedurally and substantively unreasonable because the district court imposed an unsupported departure and/or variance?

Whether the district court imposed a procedurally and substantively unreasonable sentence based on the alleged variance and failure to address Parrish's reasons for a downward departure?

Whether Parrish's guideline range was incorrectly calculated because his prior conviction for North Carolina second-degree murder does not qualify as a crime of violence?

Whether the probation office can add a four level enhancement for possession of firearm and ammunition in connection with another felony offense when the defendant had not been convicted of any other felony offense but merely charged for those felonies without each enhancement being submitted to a jury and proven beyond a reasonable doubt? How can a defendant be enhanced for a crime they have not been convicted for? Is this a violation of Sixth Amendment due process rights?

Whether this is an ineffective assistance of counsel case because counsel did not inform defendant that he could be upwardly departed and whether counsel's failure to object to U.S.S.G. 2K2.1(a)(2) base offense level enhancement, eventhough appeal late attorney did make those objections? Is this error plain and did this error effect his substantial rights?

Question Presented (AI Summary)

Whether Parrish's sentence was procedurally and substantively unreasonable

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent United States to respond filed.
2019-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

James J. Parrish
James J. Parrish Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent