No. 23-7819

LaShonda O'Neill v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment
Latest Conference: 2024-09-30
Question Presented (from Petition)

1). Whether the Fifth Circuit Court of Appeals erred when it failed to employ the Plain error analysis to review, de novo, the District Court's abuse of discretion for Judicial fact-finding when it adopted the PSR that contained increased drug quantities that were not found by the jury beyond a reasonable doubt which is counter to the Constitution's Fifth and Sixth Amendments, in light of Alleyne v. United States.

2). Whether the Fifth Circuit Court of appeals erred by failing to employ the Harmless Error analysis to review de novo the District Court's abuse of Discretion when it overruled the objection to the obstruction of justice guideline enhancement that was based upon the introduction of an affidavit introduced After trial in violation of the Constitution's Fifth and Sixth Amendment's in light of Crawford v. Washington and Alleyne v. United States.

Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals erred in its review of the District Court's fact-finding and sentencing enhancements

Docket Entries

2024-10-07
Petition DENIED.
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-09
Waiver of United States of right to respond submitted.
2024-07-09
Waiver of right of respondent United States to respond filed.
2024-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2024)

Attorneys

LaShonda O'Neill
LaShonda O'Neill — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent