No. 18-6472
Tags: almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment
Key Terms:
HabeasCorpus
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 Ufferman — Michael Ufferman Law Firm, P.A., Petitioner
Michael Robert Ufferman — Michael Ufferman Law Firm, P.A., Petitioner
of America, United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent