No. 18-5957
Response WaivedIFP
Tags: 21-usc-841 criminal-procedure drug-statute due-process evidentiary-issues jury-evidence jury-instructions plain-error proximate-cause sentencing-factor unfair-prejudice
Key Terms:
DueProcess
DueProcess
Latest Conference:
2018-10-12
Related Cases:
18-6016
(Vide)
Question Presented (AI Summary)
Whether the District Court committed plain error by allowing the government to convert a sentencing factor into a proximate cause element
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the District Court committed plain error by allowing the government to convert a sentencing factor, “resulting in death,” under 21 USC §841(b)(1)(c) into a proximate cause element and then prove that sentencing factor to a jury through evidence about the evils of heroin that was irrelevant and unfairly prejudicial.
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-17
Waiver of right of respondent United States to respond filed.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)
Attorneys
Raul Arcila
Matthew A Schindler — Attorney, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent