No. 18-6472

James Gibson v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Petitioner’s sentence violated his Sixth Amendment right to a jury trial when the district court imposed a minimum mandatory sentence of life imprisonment based on a finding that the Petitioner had been previously convicted of two or more felony drug offenses — a finding that was not found beyond a reasonable doubt by the jury (i.e., the Petitioner requests the Court to reconsider its holding in Almendarez-Torres v. United States, 523 U.S. 224 (1998)). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent of America, United States to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

James Gibson
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
of America, United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent