No. 19-5272

Pereneal Kizzee v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-appeals criminal-procedure-error-correction criminal-sentencing federal-appeals federal-law felony-offense fifth-circuit firearm-possession guidelines-enhancement judicial-discretion judicial-integrity plain-error plain-error-review sentencing-guidelines
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether the Fifth Circuit violated federal law when it refused to exercise its discretion to correct the forfeited error that seriously affected the fairness, integrity or public reputation of judicial proceedings" as instructed in Molina—Martinez v. United States, 136 S. Ct. 1338, 1343, 194 L. Ed. 2d 444 (2016); and thereby allowed a four-level enhancement pursuant to U.S.S.G. §2K2.1(b)(6)(B to stand without the necessary conviction to substantiate it.

Question Presented (AI Summary)

Whether the Fifth Circuit violated federal law when it refused to exercise its discretion to correct the forfeited error that seriously affected the fairness, integrity or public reputation of judicial proceedings

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States of America to respond filed.
2019-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)

Attorneys

Pereneal Kizzee
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent