No. 18-5391

Daniel Sexton v. United States

Lower Court: Sixth Circuit
Docketed: 2018-07-31
Status: Denied
Type: IFP
IFP
Tags: 18-usc-981 circuit-split criminal-forfeiture-liability criminal-procedure dismissed-charges due-process forfeiture-liability honeycutt-v-united-states joint-and-several-liability sentencing-guidelines statutory-interpretation
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does this Court's reasoning in Honeycutt v. United States, 137 S. Ct. 1626 (2017), limiting joint and several forfeiture liability to what a defendant obtained, apply to this forfeiture order under 18 U.S.C. § 981(a)(1)(C)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Question I. Does this Court’s reasoning of Honeycutt v. United States, 137 S. Ct. 1626 (2017), limiting joint and several forfeiture liability to what a defendant obtained, also apply to this forfeiture order under 18 U.S.C. § 981(a)(1)(C), which held Sexton liable for nearly the entire $2.5 million loss although, as most, he obtained $624,000. There is a Circuit Split on this issue as the 3 and 11" Circuits found Honeycutt applies but the 6" Circuit said it does not. Question II — Can costs not permitted by statute and not incurred as part of a victim bank’s participation in a government investigation be ordered as restitution, contrary to this Court’s holding in Lagos v. United States, --U.S. ---, 138 S. Ct. 1684 (2018)? This circuit ruling conflicts with recent Supreme Court precedent. Question III Was the use of a dismissed California charge as a prior conviction and to place Sexton under a criminal justice sentence as to increase his algorithmic Criminal History from a I to a IIL, and thus increase his algorithmic, rule-based Sentencing Range, a violation of the sentencing guidelines, our principles of individualized justice, and Due Process of Law? This circuit ruling on increasing criminal history based on a dismissed offense violates Due Process of law under the Fifth Amendment 2 LIST OF ALL

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-02
Reply of petitioner Daniel Sexton filed.
2018-10-01
Brief of respondent United States in opposition filed.
2018-08-23
Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2018.
2018-08-22
Motion to extend the time to file a response from August 30, 2018 to October 1, 2018, submitted to The Clerk.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2018)

Attorneys

Daniel Sexton
Michael Martin LosavioMr., Petitioner
Michael Martin LosavioMr., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent