Petition for Writ of Certiorari — Samuel Earl Smith, Petitioner v. United States

Supreme Court briefMay 25, 2021

Ask Donna

What actually matters in this document.

Text

No. _______________

IN THE SUPREME COURT OF

THE UNITED STATES

OCTOBER TERM 2020

SAMUEL EARL SMITH

Petitioner

v.

UNITED STATES OF AMERICA

Respondent

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

LAW OFFICE OF STAN SCHWIEGER

600 Austin Avenue, Suite 12

Waco, Texas 76701

(254) 752-5678

(254) 752-7792 — Facsimile

State Bar No. 17880500

E-mail: wacocrimatty@yahoo.com

ATTORNEY OF RECORD AND ATTORNEY FOR PETITIONER

May 25, 2021

QUESTION PRESENTED

The Fifth Circuit’s holding in finding that Mr. Smith was a leader or

organizer under the United States Sentencing Guidelines evidences a

circuit split.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page i

LIST OF PARTIES

Pursuant to Rule 14.1(b) of the Rules of this Court, Petitioner would show that

all parties to the proceeding of which the judgment is sought to be revised appear in

the caption of this case.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page ii

TABLE OF CONTENTS

Question Presented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

List of Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

Table of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

Basis of Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi

Statutes Involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Statement of the Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Argument for Granting the Writ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

A.

Grounds for Granting the Writ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

B.

Reasons for Granting the Writ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opinion and Judgment of the Fifth Circuit Court of Appeals . . . . . . . . . . . A-2

Judgment of the United States-District Court for the Western District of Texas, Waco Division . . . . . . . . A-4

Statutes Involved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-10

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page iii

TABLE OF AUTHORITIES

FEDERAL CASES

Gall v. United States,

552 U.S. 38 (2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Kaley v. United States,

517 U.S. 320 (2014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

United States v. Bass,

54 F.3d 125 (3d Cir. 1995). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

United States v. Billingsley,

115 F.3d 458 (7th Cir. 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

United States v. Bjorkman,

270 F.3d 482 (7th Cir. 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

United States v. Collins,

877 F.3d 362 (7th Cir. 2017) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

United States v. Mankiewicz,

122 F.3d 399 (7th Cir. 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 6

United States v. Mays,

902 F.2d 1501 (10th Cir. 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

United States v. McGregor,

11 F.3d 1133 (2d Cir. 1993). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

United States v. Mir,

919 F.2d 940 (5th Cir. 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

United States v. Mitchell,

85 F.3d 800 (1st Cir. 1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

United States v. Ornelas-Yanez,

77 F. Supp. 3d 1083 (D.N.M. 2014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

United States v. Schultz,

14 F.3d 1093 (6th Cir. 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page iv

United States v. Smith,

840 F. App’x 782, 784 (5th Cir. 2021) . . . . . . . . . . . . . . . . . . . . . . . . . . . x,1, 6, 8

United States v. Tagore,

158 F.3d 1124 (10th Cir. 1998) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

United States v. Talladino,

38 F.3d 1255 (1st Cir.1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

United States v. Weidner,

703 F. Supp. 1350 (N.D. Ind. 1988), aff’d, 885 F.2d 873 (7th Cir. 1989) . . . . 7

FEDERAL RULES

Sup. Ct. R. 10(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

UNITED STATES SENTENCING GUIDELINES

USSG § 3B1.1 cmt. (n.2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 5

MISCELLANEOUS

Joseph L. Barloon,

An Economic Analysis of Group Crime and the Federal Sentencing

Guidelines, 84 Geo. L.J. 2261, 2276 (1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page v

IN THE SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 2021

SAMUEL EARL SMITH

Petitioner

v.

UNITED STATES OF AMERICA

Respondent

PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Petitioner, Samuel Earl Smith, respectfully prays that a writ of certiorari

issue to review the judgment and opinion of the United States Court of Appeals for

the Fifth Circuit, entered in the above-entitled proceeding on February 26, 2021.

BASIS OF JURISDICTION

The Fifth Circuit Court of Appeals entered their judgment on February 26,

2021.1 The jurisdiction of this Court is invoked pursuant to the United States Code.2

1

(App., p. A-1).

2

28 U.S.C. § 1254(1) (2020) (“Cases in the courts of appeals may be reviewed by the

Supreme Court by the following methods . . . [b]y writ of certiorari granted upon the petition of any party

to any civil or criminal case, before or after rendition of judgment or decree.”).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page vi

STATUTES INVOLVED

This material has been included in the Appendix.

STATEMENT OF THE CASE

A federal grand jury named Appellant Samuel Earl Smith in a three-count

indictment alleging:

Count

Offense

Statute

1

Conspiracy to Possess with Intent to Distribute

and to Distribute Methamphetamine, a

Schedule Two Controlled Substance.

21 U.S.C. § 846.

[21 U.S.C.

§841(a)(1)(b)(1)(A)(viii)].3

2

Conspiracy to Possess With Intent to Distribute

and to Distribute Cocaine, a Schedule II

Narcotic Drug Controlled Substance.

21 U.S.C. § 846.

(21 U.S.C. § 841(a)(1),

841(b)(1)(B)(ii) (II)].4

3

Conspiracy to Possess with Intent to Distribute

and to Distribute “Crack” Cocaine, a Schedule

II Narcotic Drug Controlled Substance

21 U.S.C. § 846.

[21 U.S.C. § 841(a)(1),

841(b)(1)(A)(iii); 21

U.S.C. § 841(a)(1),

841(b)(1)(B)(iii)].5

On November 20, 2018, the Government filed a superseding information

alleging and requesting:

3

ROA.20-50187.18–19.

4

ROA.20-50187.19–20.

5

ROA.20-50187.20–21.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page vii

Count

Offense

Statute

1

Conspiracy to Possess with Intent to Distribute

and to Distribute Methamphetamine, a

Schedule Two Controlled Substance.

21 U.S.C. § 846.

[21 U.S.C. §841(a)(1)(b)

(1)(A)(viii)].6

2

Conspiracy to Possess With Intent to Distribute

and to Distribute Cocaine, a Schedule II

Narcotic Drug Controlled Substance.

21 U.S.C. § 846.

[21 U.S.C. § 841(a)(1),

841(b)(1)(B)(ii)(II)].7

3

Conspiracy to Possess with Intent to Distribute

and to Distribute “Crack” Cocaine, a Schedule

II Narcotic Drug Controlled Substance

21 U.S.C. § 846.

[21 U.S.C. 841(a)(1),

841(b)(1)(A)(iii); 21

U.S.C. § 841(a)(1),

841(b)(1)(B)(iii)].8

Notice of Governments Demand for Forfeiture

21 U.S.C. § 853(a).9

The Government then filed a Sentencing Enhancement Information on May

13, 2019. 10 Within the document, the Government alleged that Appellant had been

convicted of a “serious violent felony.”11 Further, Appellant had served a term of

imprisonment more than 12 months for the alleged felony, and his release was

within 15 years of commencement of the instant offense.12 As a result of a

conviction, the Government averred that Appellant was subject to an increase

6

ROA.20-50187.59–60.

7

ROA.20-50187.60–61.

8

ROA.20-50187.61–62.

9

ROA.20-50187.61–62.

10

ROA.20-50187.95.

11

ROA.20-50187.95. The Government alleged that Appellant had been convicted of

Aggravated Robbery in cause number 9409841, in the 232nd District Court of Harris County, Texas.

12

ROA.20-50187.95.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page viii

punishment to a mandatory term of at least 15 years of imprisonment, maximum

life imprisonment, a fine not to exceed $20 million and at least 10 years of

supervised release.13

On November 20, 2018, the Government filed its second superseding

information in this cause, alleging and requesting:

Count

Offense

Statute

1

Conspiracy to Possess with Intent to Distribute

and to Distribute Methamphetamine, a

Schedule Two Controlled Substance.

Sentence Enhancement.

21 U.S.C. § 846.

[21 U.S.C. § 841(a)(1)(b)

(1)(A)(viii)].14

21 U.S.C. § 851.15

2

Conspiracy to Possess With Intent to Distribute

and to Distribute Cocaine, a Schedule II

Narcotic Drug Controlled Substance and to

Distribute at Least 500 Grams of Cocaine, a

Schedule II Narcotic Drug Controlled

Substance.

21 U.S.C. § 846.

[21 U.S.C. § 841(a)(1),

841(b)(1)(B)(ii)(II)].16

3

Conspiracy to Possess With Intent to Distribute

and to Distribute at Least 280 Grams of

“Crack” Cocaine, a Schedule II Narcotic Drug

Controlled Substance.

Sentence Enhancement.

21 U.S.C. § 846.

[21 U.S.C. 841(a)(1),

841(b)(1)(A)(iii)].17

Notice of Governments Demand for Forfeiture

21 U.S.C. § 853(a).19

13

ROA.20-50187.95.

14

ROA.20-50187.97–98.

15

ROA.20-50187.98.

16

ROA.20-50187.97–98.

17

ROA.20-50187.98–99.

18

ROA.20-50187.99.

19

ROA.20-50187.99–100.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

21 U.S.C. § 851.18

Page ix

On July 1, 2019, the Government moved to dismiss “the Sentencing

Enhancement Information, and Superseding Information in this cause,” without

prejudice.20 Then, on May 2, 2020, Appellant entered a plea of guilty to the three

counts in the second superceding information.21

The District Court held Appellant’s sentencing hearing on March 4, 2020.

Punishment was assessed at 300 months as to each of the three counts to be served

concurrently.22 Upon release from imprisonment, Mr. Smith must serve five years

supervised release, which again is to be served concurrently.23 A fine of $750.00

($250.00 for each count) and special assessments totaling of $300.00 were also

assessed.24 Judgment was entered on March 5, 2020.25 Petitioner’s issues were

overruled in the Fifth Circuit Court of Appeals.26

20

ROA.20-50187.99–100.

21

ROA.20-50187.223–24. Mr. Smith also waived indictment in this matter. ROA.20-

50187.127–28.

22

ROA.20-50187.155.

23

ROA.20-50187.155.

24

ROA.20-50187.159.

25

ROA.20-50187.154.

26

United States v. Smith, 840 Fed. Appx. 782 (5th Cir. 2021).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page x

ARGUMENT FOR GRANTING THE WRIT

Did the Fifth Circuit err in holding that the concept of corpus delicti should not

apply in the punishment phase?

A.

Ground for Granting the Writ.

Problems concerning section “3B1.1 arise with seemingly infinite

shadings. The text of the guideline and its application notes provide

limited guidance . . .”27

This Court is called upon to more clearly define the parameters of being an

“organizer or leader” or “manager or supervisor (but not an organizer or leader).” In

the instant case, the Fifth Circuit cited three factors, two of which conflict with

applicable decision of other Circuits.28 As such, Petitioner argues that the Fifth

Circuit’s has entered a decision requires review.29

B.

Reasons for Granting the Writ.

Below, the Fifth Circuit upheld a four-point level increase for an “aggravating

role” in a criminal offense.30 The panel found three factors in support of Mr. Smith’s

“leadership role”: (1) the evidence of Mr. Smith’s role in receiving complaints or

soliciting feedback about the quality of the cocaine provided; (2) his direction of at

least one co-defendant during a part of the conspiracy; and (3) the “suggestion” of

the PSR that Mr. Smith was the sole source of supply for his co-defendants.31

27

Cf. United States v. Collins, 877 F.3d 362, 366 (7th Cir. 2017).

28

United States v. Smith, 840 F. App’x 782, 784 (5th Cir. 2021).

29

Sup. Ct. R. 10(a).

30

Alexander, 840 Fed. Appx. at 784.

31

Id.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 1

Section 3B1.1 of the Sentencing Guidelines provides for a level increase for an

“aggravating role” in a criminal offense:

Based on the defendant’s role in the offense, increase the offense level

as follows:

(a)

If the defendant was an organizer or leader of a criminal activity

that involved five or more participants or was otherwise extensive,

increase by 4 levels.

(b)

If the defendant was a manager or supervisor (but not an

organizer or leader) and the criminal activity involved five or more

participants or was otherwise extensive, increase by 3 levels.

(c)

If the defendant was an organizer, leader, manager, or

supervisor in any criminal activity other than described in (a) or (b),

increase by 2 levels.

However, the Guidelines do not clearly define the term “leader” and the

courts must make this determination. To assist, the Guidelines provides that a

sentencing court should consider several factors when determining whether a

defendant was a leader: “the exercise of decision making authority, the nature of

participation in the commission of the offense, the recruitment of accomplices, the

claimed right to a larger share of the fruits of the crime, the degree of participation

in planning or organizing the offense, the nature and scope of the illegal activity,

and the degree of control and authority exercised over others.” The Guidelines

further provide that “[t]o qualify for an adjustment under this section, the

defendant must have been the organizer, leader, manager, or supervisor of one or

more other participants.”

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 2

In general, the circuits agree that the cited commentary to the Guidelines

purports only to suggest various factors the court should consider. Evidence of every

factor is not a prerequisite to a finding that the defendant is a leader or organizer

under section 3B1.1, nor is evidence that the defendant is the sole or predominate

leader required.32 Further, the circuits are in agreement that where a defendant is

leader or organizer of criminal activity that involved five or more participants or

was otherwise extensive, and the record establishes that the putative leader gave

directions to at least one of the participants, the enhancement is proper.33

The opposite conclusion demonstrates another area of agreement: a single

factor does not automatically justify the imposition of this enhancement.34 Rather,

the factors must be weighed by the district court in light of the intent of the

Guidelines section to differentiate among relative degrees of responsibility.35

32

United States v. Bass, 54 F.3d 125, 128 (3d Cir. 1995).

33

USSG § 3B1.1 cmt. (n.2).

34

See United States v. Billingsley, 115 F.3d 458, 465 (7th Cir. 1997).

35

United States v. Mankiewicz, 122 F.3d 399, 406 (7th Cir. 1997).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 3

1.

Supervisory role.

“When I use a word, it means just what I choose it to mean—neither

more, nor less.”36

The failure of the Sentencing Commission to fully define the factors under section

3B1.1 created a circuit split. In ths case, the Fifth Circuit found that even a one

time exercise of supervision supports an aggravating role Guideline level increase.

This is contrary to several Seventh Circuit holdings.

As cited above, the Fifth Circuit found that Mr. Smith directed “at least one

co-defendant during a part of the conspiracy.” However, the record demonstrates

only one instance of “control,” where Appellant brokered a drug swap using a

codefendant as an intermediary in a one-off deal.37 Mr. Smith believes that this

broad construction of the supervision aspect requires review, as this holding fails to

account for reading the Guideline as a whole.

The gravamen of this enhancement is either the exercise of control over other

participants or the organization of others to carry out the crime.38 The Sentencing

Commission included this adjustment primarily because of concerns about relative

36

LEWIS CARROLL, THROUGH THE LOOKING-GLASS, AND WHAT ALICE FOUND THERE 52 (1871).

37

ROA.20-50187.275.

38

United States v. Tagore, 158 F.3d 1124, 1131 (10th Cir. 1998).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 4

responsibility.39 As such, this adjustment increases with both the size of the

organization and the degree of the defendant’s responsibility.40

The aggravating role adjustment is properly viewed as having a temporal, as

well as scope test, when the allegations are an ongoing conspiracy.41 Both the Fifth

and Seventh Circuits have spoken to the temporal requirement, and have

authorized the adjustment only in cases where it is “anchored to the transaction . . .

It is not the contours of the offense charged that defines the outer limit of the

transaction; rather it is the contours of the underlying scheme itself. All

participation firmly based in that underlying transaction is ripe for consideration in

adjudging leadership role.”42

The narrow focus in the instant case – granting an adjustment based a single

transaction – hardly seems to comprise a broad view of the entire “underlying

scheme.” To be a “manager” or “supervisor” is to occupy a role – to have a status. A

defendant who “makes the critical strategic and operational decisions” in a group

39

USSG § 3B1.1(a) (comment.) (backg’d) (emphasis added).

40

Id.

41

See United States v. Ornelas-Yanez, 77 F. Supp. 3d 1083, 1113 (D.N.M. 2014). There , the

district court found that section 3B1.1 enhancement is proper within one time crimes “because [section]

3B1.1 contains no requirement that the underlying offense occur over an extended period of time.”

However, that case merely reinterates the 3B1.1 factors must be weighed in light of the intent of the

Guidelines section to differentiate among relative degrees of responsibility. Obviously, the degrees of

responsibility shift when a crime is committed over a longer time.

42

United States v. Mir, 919 F.2d 940, 944 (5th Cir. 1990) (emphasis added); accord United

States v. Bjorkman, 270 F.3d 482, 497 (7th Cir. 2001).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 5

enterprise can be deemed an organizer or leader.43 Essentially, leaders must be able

to exercise some element of control or organization over other people.44 Viewed in

this manner, a leader is a personnel specialist.45 The correct focus in this sentencing

enhancement should distinguish between ongoing supervision and merely asking a

coconspirator, on one occasion, to do something.46 The former provides grounds for

the enhancement; the latter does not. The Fifth Circuit’s holding concerning this

factor stands in stark contrast to the finding by the Seventh Circuit, and requires

review.

2.

Smith was the sole source of supply for his co-defendants.

In the opinion, the Smith panel found that the evidence “suggested Smith

was the sole source of supply for his co-defendants”47 supported the supervisory

enhancement. This stands in contrast to several other circuits that have held a

43

United States v. Talladino, 38 F.3d 1255, 1261 (1st Cir.1994).

44

Joseph L. Barloon, An Economic Analysis of Group Crime and the Federal Sentencing

Guidelines, 84 GEO. L.J. 2261, 2276 (1996).

45

Id.

46

United States v. Mankiewicz, 122 F.3d 399, 405–06 and n. 4 (7th Cir. 1997); United States

v. Mitchell, 85 F.3d 800, 813–14 (1st Cir. 1996); United States v. McGregor, 11 F.3d 1133, 1138–39 (2d

Cir. 1993) (“One isolated instance of a drug dealer husband asking his wife to assist him in a drug

transaction is not the type of situation that section 3B1.1 was designed to reach.”).

47

Smith, 840 F. App’x at 784.

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 6

mere buy/sell relationship does not qualify for an aggravating role in the offense

enhancement.48 This demonstrates a further circuit split and requires review.49

48

United States v. Schultz, 14 F.3d 1093, 1099 (6th Cir. 1994); United States v. Mays, 902

F.2d 1501, 1503 (10th Cir. 1990); United States v. Weidner, 703 F. Supp. 1350, 1354 (N.D. Ind. 1988),

aff’d, 885 F.2d 873 (7th Cir. 1989).

49

Kaley v. United States, 517 U.S. 320, 326 (2014).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 7

3.

Quality control.

The Fifth Circuit, noted without passing on whether the “quality control” of

the product contributed to Mr. Smith’s leadership role.50 The presentence

investigation report (PSR) detailed intercepted telephone calls in which Smith

either received complaints or solicited feedback about the quality of the cocaine he

provided.51 In summary, the discussions can be summarized Mr. Smith’s

codefendant’s stated that: (1) cocaine of sufficient quality to “cook” was needed; (2)

the yield from powder to crack cocaine was of concern, and finally, that Mr. Smith

received either statements or complaints about the quality of the contraband. Since

the Fifth Circuit did not pass on this issue, and because the Guidelines are now

advisory, this appears to be a question that must be remanded to the Fifth Circuit.52

C.

Conclusion

Because the failure of the Fifth Circuit failed to grant Petitioner a sentence

free of error, this Honorable Court should grant Petitioner’s Writ.

50

Smith, 840 Fed. Appx. at 784 (stating that neither party supplied “controlling authority”

from the Fifth Circuit “ addressing whether the receipt of complaints about the quality of drugs provided

support for an ‘organizer or leader enhancement.”’

51

Id.

52

See Gall v. United States, 552 U.S. 38, 46 (2007) (holding the Guidelines are now

advisory, and appellate review of sentencing decisions is limited to determining whether they are

“reasonable.”).

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 8

PRAYER

Petitioner requests that this Honorable Court grant his Writ of Certiorari,

and reverse the holdings of the District Court and the Fifth Circuit, and for any

other relief that he may be so entitled.

Respectfully submitted,

LAW OFFICE OF STAN SCHWIEGER

/s/ Stan Schwieger

Stan Schwi eger

600 Austin Avenue, Suite 12

Waco, Texas 76701

(254) 752-5678

(254) 752-7792—Facsimile

State Bar No. 17880500

ATTORNEY FOR PETITIONER

Samuel Earl Smith v. United States—Petition for Writ of Certiorari

Page 9

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.