No. 21-6969
Alton Jackson v. United States
Response WaivedIFP
Tags: advisory-guidelines booker circuit-court-review criminal-sentencing guideline-enhancement lapsed-statute legal-interpretation mandatory-guidelines sentencing-enhancement sentencing-guidelines statutory-interpretation
Key Terms:
AdministrativeLaw Environmental SocialSecurity Immigration
AdministrativeLaw Environmental SocialSecurity Immigration
Latest Conference:
2022-02-25
Question Presented (from Petition)
1. Whether it was error for the Eleventh Circuit to uphold the district court's enhancement of Defendant's sentence under a provision of U.S.S.G. § 2K2.1 where the enhancement was based upon an enabling statute that lapsed and was no longer enforceable as a matter of law.
2. Whether it was error for the Eleventh Circuit to uphold the district court's strict application of the exclusion language in comment 2 of U.S.S.G. § 2K2.1 rendering the guidelines as mandatory, instead of advisory.
Question Presented (AI Summary)
Whether the Eleventh Circuit erred in upholding the district court's enhancement of the defendant's sentence under U.S.S.G. § 2K2.1 based on an expired enabling statute
Docket Entries
2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent United States to respond filed.
2022-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2022)
Attorneys
Alton Jackson
Joseph Asher Davidow — Willis & Davidow, LLC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent