Timothy Walker v. United States
DueProcess FifthAmendment Securities
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(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? .