No. 24-6567

Longino Lopez Flores, IV v. United States

Lower Court: Fifth Circuit
Docketed: 2025-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-appeal drug-offense fifth-circuit firearm-possession sentencing-enhancement statutory-interpretation
Latest Conference: 2025-03-21
Question Presented (from Petition)

Did the Fifth Circuit err in affirming the four level enhancement to petitioner's sentencing range for a conviction under 18 U.S.C. § 922(g)(1), which is authorized when the defendant used or possessed any firearm in connection with another felony offense, when the evidence was insufficient to support this enhancement because it only showed simultaneous presence of drugs and a firearm, and the Fifth Circuit failed to rely on its two prior opinions that refused to apply this type of enhancement, but instead relied on a Fourth Circuit opinion to affirm petitioner's sentence?

Question Presented (AI Summary)

QP: Did the Fifth Circuit err in affirming a four-level sentencing enhancement for simultaneous possession of drugs and a firearm under 18 U.S.C. § 922(g)(1)?

Docket Entries

2025-03-24
Petition DENIED.
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Waiver of United States of right to respond submitted.
2025-02-25
Waiver of right of respondent United States to respond filed.
2025-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2025)

Attorneys

Longino Lopez Flores, IV
Gregory Don Sherwood — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent