No. 20-5936
Mark Phillip Carter, II v. United States
Response WaivedIFP
Tags: appellate-review circuit-conflict circuit-split factual-objections judicial-discretion presentence-report sentencing-guidelines sentencing-procedure undue-influence
Latest Conference:
2020-11-06
Question Presented (from Petition)
(1) Whether the undue influence enhancement in USSG §2G1.3(b)(2)(B) should be expanded, indirect conflict with precedent from the Sixth, Eighth, and Ninth Circuits
(2) Whether a district court can ignore factual objections to a presentence report and then not explain what facts it relies upon at sentencing
(3) Whether USSG §2G1.3(b)(4)(A) and (B) are surplusage of each other
(4) Whether United States v. Head, should be expanded to eliminate the circuit court's responsibility to address issues raised by the Appellant in principal briefing
Question Presented (AI Summary)
Whether the undue influence enhancement in USSG § 2G1.3(b)(2)(B) should be expanded
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 to respond filed.
2020-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2020)
Attorneys
Mark Carter
Angela L. Campbell — Dickey, Campbell & Sahag Law Firm, PLC, Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent