No. 23-5678
Jasper Michael Wagner v. United States
Response WaivedIFP
Tags: circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez
Latest Conference:
2023-10-27
Question Presented (from Petition)
Whether the Fifth Circuit's holding that that judicial fact-finding as to past offenses is permissible during sentencing pursuant to United States v. Hernandez, 633 F. 3d 370 (5th Cir. 2011) violates this Court's precedent in Gall v. United States, 552 U.S. 38 (2007) and Descamps v. United States, 570 U.S. 254 (2013), as well as the Sixth Amendment?
Question Presented (AI Summary)
Whether judicial fact-finding as to past offenses during sentencing violates precedent and the Sixth Amendment
Docket Entries
2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-05
Waiver of right of respondent United States to respond filed.
2023-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)
Attorneys
Jasper Wagner
Kelsey Dismukes — The Dismukes Law Firm, PLLC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent