No. 20-5293

Stanley P. Bates v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: abuse-of-discretion circuit-split criminal-sentencing position-of-trust position-of-trust-enhancement procedural-reasonableness sentencing-guidelines standard-of-review
Latest Conference: 2020-09-29
Question Presented (from Petition)

When reviewing the interpretation of the "position of trust" enhancement under Sentencing Guideline §3B1.3, does a court of appeals apply a de novo standard of review, as the majority of circuits require, or a clearly erroneous standard, as the Fifth Circuit applies?

Question Presented (AI Summary)

When reviewing the interpretation of the 'position of trust' enhancement under Sentencing Guideline §3B1.3, does a court of appeals apply a de novo standard of review, as the majority of circuits require, or a clearly erroneous standard, as the Fifth Circuit applies?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent United States to respond filed.
2020-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

Stanley P. Bates
Kristin L. DavidsonFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent