No. 18-5258

Howell Miller v. United States

Lower Court: Second Circuit
Docketed: 2018-07-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

whether-a-drastically-increased-sentence-violates-the-sixth-amendment

Question Presented (from Petition)

QUESTION PRESENTED WHETHER A DRASTICALLY INCREASED. SENTENCE (FROM ROUGHLY / . 10 YEARS TO 12 YEARS) THAT WOULD NOT HAVE BEEN REASONABLE BUT FOR JUDGE-FOUND FACTS VIOLATES THE SIXTH AMENDMENT. WHETHER REHEARING EN BANC WAS JUSTIFIED WHENEVER "THE PANEL DECISION CONFLICTED WITH A DECISION OF THE UNITED — STATES SUPREME COURT, "FED.R.APP.P. 35(B)(1)(A), AND . RESOLUTION OF THE CONFLICT THROUGH "EN BANC" CONSIDERATION . WAS NECESSARY TO SECURE OR MAINTAIN UNIFORMITY OF THE COURT'S DECISIONS." Id 35(a)(1). , i

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-23
Waiver of right of respondent United States to respond filed.
2018-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2018)

Attorneys

Howell Miller
Howell Miller — Petitioner
Howell Miller — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent