No. 22-7806

Travis Charles Werkmeister v. United States

Lower Court: Eighth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure criminal-sentencing drug-offense drug-trafficking federal-sentencing-guidelines mens-rea methamphetamine-importation scienter-requirement sentencing-guidelines statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether this Court should grant the Writ to resolve a circuit split as to whether the two level enhancement under U.S.S.G. § 2D1.1 (b) (5) contains a scienter requirement relating to whether the Government must establish that a Defendant knew that the methamphetamine was unlawfully imported?

Question Presented (AI Summary)

Whether the two-level enhancement under U.S.S.G. § 2D1.1(b)(5) requires the government to establish the defendant's knowledge that the methamphetamine was unlawfully imported

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-22
Waiver of right of respondent United States of America to respond filed.
2023-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Travis Werkmeister
Rockne ColeCole Law Firm, PC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent