Michael Ferguson v. United States
DueProcess
What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence?
QUESTIONS PRESENTED FOR REVIEW The district court sentenced Michael Ferguson to serve nearly eleven years in prison based on double hearsay, bare arrest records, and dismissed charges. The Sixth Circuit held that, even if the evidence was unreliable, no Due Process violation occurred because the district court relied on that evidence only to reject a request for a variance. The Sixth Circuit also held that the evidence was sufficiently reliable. (1) What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence? (2)Is there a different standard of scrutiny for evaluating the reliability of evidence relied on to impose a sentence within the advisory Guidelines range? ii