No. 18-456

Michael J. Persico v. United States

Lower Court: Second Circuit
Docketed: 2018-10-11
Status: Denied
Type: Paid
Response Waived
Tags: apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violates the Sixth Amendment jury trial right and the Due Process Clause of the Fifth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does Petitioner’s sentence, which would have been deemed substantively unreasonable in the absence of the district court’s factual findings, violate the Sixth Amendment jury trial right and the Due Process Clause of the Fifth Amendment? 2. Does the judicial obligation to hold the government to promises made in consideration of a guilty plea require courts to construe plea agreements according to the contractual maxim that a specific term favors a general one?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-09
Petition for a writ of certiorari filed. (Response due November 13, 2018)

Attorneys

Michael J. Persico
Sarita KediaSarita Kedia Law Offices, Petitioner
Sarita KediaSarita Kedia Law Offices, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent