No. 19-5026

Melvin Lewis Andrews v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-court crime-of-violence criminal-law guidelines johnson-precedent johnson-v-united-states sentencing sentencing-guidelines supervisory-powers
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Should this Court exercise its supervisory powers where a circuit court of appeals continues to allow trial courts to apply "crime of violence" analyses that are contrary to Johnson v. United States, 130 S.Ct. 1265 (2010)?

2. Does a plain and prejudicial miscalculation of a Guidelines sentencing range call for a court of appeals to vacate a defendant's sentence in the ordinary case?

Question Presented (AI Summary)

Should this Court exercise its supervisory powers where a circuit court of appeals continues to allow trial courts to apply 'crime of violence' analyses that are contrary to Johnson v. United States, 130 S.Ct. 1265 (2010)?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-11
Waiver of right of respondent United States to respond filed.
2019-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Melvin Andrews
Brett D. BooneLaw Office of Brett D. Boone, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent