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Melvin Ray v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-20367 · judgment March 30, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Under § 2B3.1(b)(4)(A) of the United States Sentencing Guidelines (“U.S.S.G”), a four- level increase applies to a defendant’s offense level, “ if any person was abducted to facilitate commission of the offense or to facilitate escape.”And the guideline commentary defines “abducted” as follows: Abducted means that a victim was forced to accompany an offender to a different location. For example, a bank robber’s forcing a bank teller from the bank into a getaway car would constitute an abduction. U.S.S.G. § 1B1.1 cmt.n.l(A). (emphasis added). Federal courts have interpreted the term “different location as used in lBl.’s cmt.n.l(A), in a way that has developed a split of authority over whether the forced movement of victims from one room or area to another room or area within the same building constitute an abduction for purposes of § 2B3.1(b)(4)(A). Accordingly, if Commentary in the Guideline Manual that interprets or explains a guideline of authoritative. Stinson v. United States, 508 U.S. 36,38 (1993). To read “different location” in a way that does not comports with rest of the commentary’s abducted definition would raise a “authoritative concern” that “defies judicial proceedings.” A court would apply the four-level abduction enhancement to defendants where the only minimum movement was within a single building. The case raises the following important issues: Whether the failure to follow the commentary’s abduction definition engendered a broad circuit split — and if so, do it show that the victims were “’’abducted within the meaning of § 2B3.1(b)(4)(A)?

Counsel of record

For petitioner
Melvin Ray

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 21, 2023 · Certiorari denied

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 19 2023
    Waiver of right of respondent United States to respond filed.
  4. Aug 25 2022
    Petition for a writ of certiorari filed. (Response due February 16, 2023)