No. 18-5388

Albert William Roberts, III v. United States

Lower Court: Eighth Circuit
Docketed: 2018-07-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent
Key Terms:
DueProcess FifthAmendment Securities
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Can acquitted conduct continue to be used at sentencing?

Question Presented (OCR Extract)

question presented is what is the meaning and value of an acquittal? Question Number Two: In United States v. Watts, 519 U.S. 148 (1997) (per curium), this Court controversially held that an acquittal was not necessarily a finding of innocence and that acquitted conduct could be considered at a defendant’s sentencing. Conversely, Nelson v. Colorado, 137 8. Ct. 1249 (2017), this Court signaled that an acquittal was absolutely relevant, so relevant that no penalty could be assessed subsequent to that acquittal, thus creating a tension between the two rulings. We hold that the use of acquitted conduct at sentencing is a Sixth Amendment and Due Process violation of a defendant’s rights and not a matter of degrees of guilt or innocence. The question presented is can acquitted conduct continue to be used at sentencing? : i

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-10-24
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-03
Waiver of right of respondent United States to respond filed.
2018-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2018)

Attorneys

Albert William Roberts
Albert William Roberts III — Petitioner
Albert William Roberts III — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent