No. 22-7309

James H. Roane, Jr., and Richard Tipton v. United States

Lower Court: Fourth Circuit
Docketed: 2023-04-18
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: continuing-criminal-enterprise covered-offense criminal-enterprise drug-weight drug-weight-threshold fair-sentencing-act first-step-act sentencing-range
Latest Conference: 2023-10-27
Question Presented (from Petition)

Whether the First Step Act's "covered offense" analysis turns upon whether the Fair Sentencing Act modified the sentencing range for violation of a given statute – a standard under which no offense is covered under the First Step Act – or upon whether the Fair Sentencing Act modified the minimum drug weight thresholds for conviction under a given statute.

Question Presented (AI Summary)

Whether the First Step Act's 'covered offense' analysis turns upon whether the Fair Sentencing Act modified the sentencing range for violation of a given statute or upon whether the Fair Sentencing Act modified the minimum drug weight thresholds for conviction under a given statute

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-02
Reply of petitioner James H. Roane, Jr. filed. (Distributed)
2023-09-20
Brief of respondent United States in opposition filed.
2023-08-16
Motion to extend the time to file a response is granted and the time is further extended to and including September 20, 2023.
2023-08-15
Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk.
2023-07-12
Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2023.
2023-07-11
Motion to extend the time to file a response from July 20, 2023 to August 21, 2023, submitted to The Clerk.
2023-06-20
Motion to extend the time to file a response is granted and the time is further extended to and including July 20, 2023.
2023-06-15
Motion to extend the time to file a response from June 20, 2023 to July 20, 2023, submitted to The Clerk.
2023-05-11
Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2023. See Rule 30.1
2023-05-09
Motion to extend the time to file a response from May 18, 2023 to June 19, 2023, submitted to The Clerk.
2023-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2023)
2023-02-07
Application (22A723) granted by The Chief Justice extending the time to file until April 14, 2023.
2023-02-01
Application (22A723) to extend the time to file a petition for a writ of certiorari from February 13, 2023 to April 14, 2023, submitted to The Chief Justice.

Attorneys

James H. Roane, Jr.
Shawn NolanFederal Community Defender Office for the EDPA, Petitioner
United States
Brian Halligan FletcherDepartment of Justice, Respondent