No. 19-6491

Matthew Shaffer v. United States

Lower Court: Sixth Circuit
Docketed: 2019-11-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-conspiracy due-process evidence-suppression evidentiary-hearing exclusionary-rule firearms-expert-testimony-drug-activity law-enforcement-testimony multiple-conspiracies-sentencing-enhancements rule-29-motion-sufficiency-of-evidence search-warrant sentencing-enhancement standing
Latest Conference: 2019-12-06
Question Presented (from Petition)

1. THE TRIAL COURT ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING CONCERNING THE AFFIDAVIT RELIED UPON IN OBTAINING THE SEARCH WARRANT AND FURTHERMORE FAILING TO SUPPRESS THE EVIDENCE FOUND.

2. LAW ENFORCEMENT OFFICER IMPROPERLY PRESENTING EXPERT OPINION ON THE ISSUE OF FIREARMS IN FURTHERANCE OF DRUG ACTIVITY

3. THE COURT ERRED IN FAILING TO GRANT SHAFFER'S RULE 29 MOTION CONCERNING THE FIREARMS IN THIS CASE.

4. SHAFFER WAS CONVICTED OF TWO SEPARATE CONSPIRACIES AS OUTLINED IN THE INDICTMENT. THE GUIDELINES WERE CALCULATED USING SENTENCING ENHANCEMENTS FOR ONE CONSPIRACY AND APPLYING THOSE ENHANCEMENTS TO THE LARGER CONSPIRACY

Question Presented (AI Summary)

Whether the trial court erred in failing to conduct an evidentiary hearing and suppress evidence obtained under a search warrant

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-13
Waiver of right of respondent United States of America to respond filed.
2019-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2019)

Attorneys

Matthew Shaffer
Steven HoweLaw Office of Steven N. Howe, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent