No. 19-5871

Patrick Jones v. United States

Lower Court: Seventh Circuit
Docketed: 2019-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempt controlled-substance controlled-substances federal-crime federal-law guidelines-interpretation mandatory-minimum offer-to-sell preparatory-action sentencing-commission sentencing-guidelines statutory-interpretation substantial-step tenth-circuit-precedent
Latest Conference: 2019-10-11
Question Presented (from Petition)

1) Did the district court error in increasing Havis base offense level based upon its belief that the Commentary to &4Bli2 appropriately includes attempted erimes in the Guidelines definition of controlled substance offenses?"

2) Should the sentencing commission invoke the general interpretive authority via commeritary.. to impose such a massive impact on a defendant with no grounding in the guidelines themselves?"

3Wat onsitu ubal cob Under federal law?

4) Can preparatory action constitute an attempt under federal law?

s)Does the Tenn, statute by providing an offer to sell constitute a Te satute be touhod a fdr conionwhethe federal code or guidelines does not includes an important element (Sale)?

Question Presented (AI Summary)

Did the district court err in increasing the defendant's sentence based on the Guidelines definition of 'controlled substance offense'?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-17
Waiver of right of respondent United States to respond filed.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2019)

Attorneys

Patrick Jones
Patrick Jones — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent