No. 19-6620

John Kevin Waldrip v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release
Key Terms:
Securities Copyright Privacy
Latest Conference: 2019-12-13
Question Presented (from Petition)

I. In a consolidated Appeal JOHN KEVIN WALDRIP argued that the district court erroneously applied 18 U.S.C. § 3014 when it imposed a total of $15,000 in special assessments under § 3014 (a) (3); and that the district erred by holding that he committed a Grade A violation as defined by U.S. S. G. § 7B1.1

The Fifth Circuit vacated and remanded the supervised release sentence finding no Grade A violation under 7B1.1. However, the Fifth Circuit affirmed the special assessments imposed under 18 U.S.C. § 3014.

In light of the foregoing, the question presented is as follows:

Whether the Fifth Circuit violated federal law when it refused to vacate the $15,000 special assessments.

Question Presented (AI Summary)

Whether the Fifth Circuit violated federal law when it refused to vacate the $15,000 special assessments

Docket Entries

2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-20
Waiver of right of respondent United States of America to respond filed.
2019-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)

Attorneys

John Kevin Waldrip
Yolanda Evette JarmonLaw Office of Yolanda Jarmon, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent