No. 24-5905

Huosheng Xian v. United States

Lower Court: Tenth Circuit
Docketed: 2024-11-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split criminal-procedure jury-verdict mandatory-minimum safety-valve sentencing
Latest Conference: 2024-12-06
Question Presented (from Petition)

Do the findings embodied in a jury's verdict constrain a sentencing judge's ability to find that a defendant has provided full and truthful information about his conduct, and satisfied 18 U.S.C. § 3553(f)(5), even where the defendant did not testify at trial, but has later provided his account in claiming entitlement to the safety valve of § 3553(f)?

Question Presented (AI Summary)

Whether a sentencing judge can make safety-valve findings when a defendant's statements are inconsistent with the jury's verdict

Docket Entries

2024-12-09
Petition DENIED.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-13
Waiver of United States of right to respond submitted.
2024-11-13
Waiver of right of respondent United States to respond filed.
2024-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2024)

Attorneys

Huosheng Xian
Howard A. PincusFed Pub. Def. for Dist. CO &WY, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent