Brian Thurman v. United States
FourthAmendment CriminalProcedure Privacy Jurisdiction
Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct
QUESTIONS PRESENTED FOR REVIEW Whether the District Court violated Mr. Thurman’s Fifth and Sixth Amendment rights under the United States Constitution when it increased his sentence based on acquitted conduct? Whether this Court’s decisions in Apprendi v. New Jersey, 528 U.S. 1018 (1999); Blakely v. Washington,542 U.S. 296 (2004); and United States v. Booker, 543 U.S. 220 (2005), require that it reconsider its decision in United States v. Watts, 519 U.S. 148 (1997), permitting the enhancement of a defendant’s sentence based on conduct for which he has been acquitted? Whether the warrantless and non-consensual search of Mr. Thurman’s cellular telephone violated his Fourth Amendment right to be free from illegal searches and seizures? i