No. 18-5528

Brian Thurman v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution
Key Terms:
FourthAmendment CriminalProcedure Privacy Jurisdiction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct

Question Presented (OCR Extract)

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

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent United States to respond filed.
2018-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Brian Thurman
Andrea Elizabeth GambinoLaw Offices of Andrea E. Gambino, Petitioner
Andrea Elizabeth GambinoLaw Offices of Andrea E. Gambino, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent