No. 20-5929

Tommy Lee Jones v. United States

Lower Court: Sixth Circuit
Docketed: 2020-10-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence
Latest Conference: 2020-11-06
Question Presented (from Petition)

Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhancement of § 2G2.2 (b) (5) is applicable contrary to this Court's decision in Shepard v United States, 544 US 13 (2005)?

Is an award of restitution appropriate when mathematically calculated without consideration of Petitioner's offense conduct contrary to this Court's decision in Paroline v United States, 572 US 434 (2014)?

Question Presented (AI Summary)

Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhancement of § 2G2.2 (b) (5) is applicable contrary to this Court's decision in Shepard v United States, 544 US 13 (2005)?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Waiver of right of respondent United States of America to respond filed.
2020-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2020)

Attorneys

United States of America
Jeffrey B. WallActing Solicitor General, Respondent