No. 18-5266

Michael Ferguson v. United States

Lower Court: Sixth Circuit
Docketed: 2018-07-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence?

Question Presented (OCR Extract)

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

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.
2018-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2018)
2018-05-14
Application (17A1260) granted by Justice Kagan extending the time to file until July 13, 2018.
2018-05-02
Application (17A1260) to extend the time to file a petition for a writ of certiorari from May 14, 2018 to July 13, 2018, submitted to Justice Kagan.

Attorneys

Michael Ferguson
Colleen P FitzharrisFederal Defender Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent