No. 18-5930

Timothy Walker v. United States

Lower Court: Third Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender double-jeopardy drug-offense due-process guideline-amendments guideline-range post-sentencing-litigation sentencing sentencing-guidelines statutory-interpretation u.s.s.g.
Key Terms:
DueProcess FifthAmendment Securities
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Does it comport with the Due Process Clause and the prohibition against Double Jeopardy to simultaneously impose two sentences for a drug offense and career-offender status?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . Question # 1 ) Does it comport with the Due Process Clause and the prohibition against Double Jeopardy to, for all practical purposes, simultaneously impose two (2) sentences-the first for a drug offense under U.S.S.G. § [Sec] 2D1.1 and the second for , ; "career offender" status under U.S.S.G. [Sec] 4B1.2=so that should the first sentence be the second sentence would serve as “a "back-up/fall-back" alternative? ; Question #2 . . In post-sentencing litigation, can the Government argue and the courts find that a defendant was a CO and thereby prohibit a defendant from deriving the benefit of an amended Guideline range when the record [sentencing hearing transcript and judgment and commitment order] do not contain facts necessary to conclude that ‘the defendant was, indeed, a CO? .

Docket Entries

2018-10-09
Petition DENIED. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-17
Waiver of right of respondent United States to respond filed.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Timothy Walker
Timothy Walker — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent