Brian Michael Burton v. United States
FifthAmendment
Whether a downward departure from a statutory minimum sentence is warranted
Questions Presented 1. Whether a downward departure from a statutory minimum sentence is warranted when the abusive tactics of the Government acting in concert with a Confidential Informant exercises psychological, emotional and physical dominion and control over a susceptible defendant ("Petitioner") in violation of principles of due process in violation of the U.S. Constitution's 5th Amendment. 2. Whether the District Court denied Defendant's motion for a downward departure where Defendant's agreement to facts admitted in the plea agreement do not constitute the elements of a violation of [18 U.S.C. § 2422)b)] a crime in violation of the U.S. Constitution's 5th Amendment. 3. Whether the District Court erred, after considering Defendant's § 3553(2) factors "sympathized" but stated its hands were tied. ~1