No. 18-5153

Arthur Wayne Kniffley v. United States

Lower Court: Sixth Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ball-v-united-states blockburger-test child-pornography criminal-conviction double-jeopardy double-jeopardy,child-pornography,fifth-amendment, double-jeopardy,fifth-amendment,child-pornography, fifth-amendment mandatory-life-sentence mandatory-sentencing sentencing-discretion
Key Terms:
FifthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case

Question Presented (OCR Extract)

question presented is: I. Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case. | | Petitioner was subject to a mandatory life sentence and the | district court had no choice but to impose that sentence. The question | presented is: | Il. | When the defendant is subject to a mandatory life sentence and | the district court has no sentencing discretion, should the jury be instructed that if the defendant is convicted he would be sentenced to life imprisonment and would not be released on parole because there is no parole in the federal system. | | | | | | | | i |

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Arthur Wayne Kniffley
Francis William Heft Jr.Office of the Federal Defender, Petitioner
Francis William Heft Jr.Office of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent