No. 22-7627

Denis Grushko v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: arrest-warrant circuit-split eleventh-circuit fourth-amendment home-entry law-enforcement payton-v-new-york probable-cause
Latest Conference: 2023-06-22
Question Presented (from Petition)

Whether the "reason to believe" standard in Payton v. New York, 445 U.S. 573 (1980) requires a showing of probable cause that a suspect is within the premises at the time of the arrest?

Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by a district court's assertion that it would have imposed the same sentence regardless of any guideline error?

Whether Kisor v. Wilkie, 139 S.Ct. 2400 (2019) precludes deference to the fraud loss guideline commentary U.S.S.G. § 2B1.1, commentary, n. 3(A) and 3(F)?

Question Presented (AI Summary)

Whether the 'reason to believe' standard in Payton v. New York, 445 U.S. 573 (1980) requires a showing of probable cause that a suspect is within the premises at the time of the arrest?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-31
Waiver of right of respondent United States to respond filed.
2023-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2023)
2023-03-29
Application (22A849) granted by Justice Thomas extending the time to file until May 22, 2023.
2023-03-24
Application (22A849) to extend the time to file a petition for a writ of certiorari from April 20, 2023 to June 19, 2023, submitted to Justice Thomas.

Attorneys

Denis Grushko
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent