No. 19-8744

April Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2020-06-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-sentencing dissimilar-activities fraud-calculation fraud-offenses intended-loss judicial-discretion loss-amounts loss-determination sentencing-guidelines stolen-checks
Latest Conference: 2020-09-29
Question Presented (from Petition)

Where a person is convicted of fraud offenses arising from conduct consisting of two similar, yet distinct types of fraudulent activities that resulted in substantially different loss amounts, is it unreasonable for a court to ignore available information showing that the different activities resulted in dissimilar typical loss amounts and use a single figure, calculated by combining the losses caused by both types of activities, when estimating the amount of intended loss for calculating enhancements under Section 2B1.1(b) of the United States Sentencing Guidelines?

Question Presented (AI Summary)

Where a person is convicted of fraud offenses arising from conduct consisting of two similar, yet distinct types of fraudulent activities that resulted in substantially different loss amounts, is it unreasonable for a court to ignore available information showing that the different activities resulted in dissimilar typical loss amounts and use a single figure, calculated by combining the losses caused by both types of activities, when estimating the amount of intended loss for calculating enhancements under Section 2B1.1(b) of the United States Sentencing Guidelines?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Waiver of right of respondent United States to respond filed.
2020-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2020)

Attorneys

April Castro
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent