No. 19-8508

Javier Villar v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-05-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment criminal-procedure exclusionary-rule managerial-role motion-to-suppress probable-cause search-and-seizure sentencing-enhancement standing u-s-sentencing-guidelines
Latest Conference: 2020-06-18
Question Presented (from Petition)

(1) Whether the District Court and the
Court of Appeals erred in denying the
Defendant's motion to suppress evidence
located in the Appellant's residence when
there was a lack of probable cause to believe
that contraband would be located in his
home.

(2) Whether the District Court and
subsequently the Circuit Court erred in
denying the Appellant's motion to strike
sentencing enhancement pursuant to
U.S.S.G. 2D1.1(b)1 when the Defendant was
not in possession of a firearm as intended by
the Sentencing Guidelines.

(3) Whether the District Court, and
subsequently the Circuit Court erred in
attaching a sentencing enhancement
pursuant to U.S.S.G. 3B1.1(b), when the
Defendant did not have a "managerial role in
the offense" when looking at the factors set
forth by the Sentencing Commission.

Question Presented (AI Summary)

Whether the district court and the court of appeals erred in denying the defendant's motion to suppress evidence

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-27
Waiver of right of respondent United States to respond filed.
2020-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2020)

Attorneys

Javier VIllar
James Wesley ChandlerLaw Office of James W. Chandler, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent