No. 18-5663

Curtis Lee Dale v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-precedent alleyne-v-united-states criminal-procedure criminal-procedure-sentencing,mandatory-minimum,ju drug-quantity due-process eighth-circuit-error fourth-amendment,search-and-seizure,drug-sniffing- fourth-amendment,search-and-seizure,reasonable-exp jury-findings jury-rejection mandatory-minimum sentencing sentencing-enhancement
Latest Conference: 2018-09-24
Question Presented (from Petition)

Did the U.S. Court of Appeals For The Eighth Circuit err when it increased the Defendant's mandatory minimum sentence on the basis of a drug quantity that was rejected by the jury? In light of Alleyne v. United States, 133 S. Ct. 2151 (2013).

Did the sole—occupant of a storage unit have an expectation of privacy, despite his name not being listed on the rental agreement? In light of Byrd v. United States, 138 S. Ct. 54 (2018).

Was Law Enforcement's use of. trained drug—sniffing Police Dog to sniff the door of a secured storage unit a search under the Fourth Amendment requiring •a search warrant? In light of Florida v. Jardines, 133 S. Ct. 1409 (2013).

Question Presented (AI Summary)

Did the U.S. Court of Appeals For The Eighth Circuit err when it increased the Defendant's mandatory minimum sentence on the basis of a drug quantity that was rejected by the jury?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
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 September 19, 2018)

Attorneys

Curtis Lee Dale
Curtis Lee Dale — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent