No. 20-5359

Brandon Shane Eustice v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history diversionary-disposition due-process imprisonment judicial-procedure probation-revocation revocation sentencing-calculation sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (from Petition)

that a diversionary disposition resulting from a finding or admission of guilt
in a judicial proceeding is counted as a sentence under § 4A1.1 (c) and is
treated as a 1-point offense for criminal history purposes.

1. Where a sentencing court later imposes 255 days of imprisonment for
revocation of the 3-year probation imposed for the diversionary disposition,
does the imprisonment change the diversionary disposition into a sentence
counted under § 4A1.1 (b), based on the number of days of imprisonment
rather than a diversionary disposition?

2. Where a sentence is based on an incorrect calculation of a defendant's
Guideline range, and results in a higher upper end of that range, is such a
sentence based on erroneous and material information and assumptions in
violation of due process?

Question Presented (AI Summary)

Whether a diversionary disposition that results in a later revocation and imprisonment should be counted as a sentence under § 4A1.1(b) rather than a diversionary disposition under § 4A1.1(c)

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent United States to respond filed.
2020-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2020)

Attorneys

Brandon Eustice
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent