No. 18-7842

Brian Michael Burton v. United States

Lower Court: Sixth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: emotional and physical dominion and control over 5th-amendment confidential-informant downward-departure due-process government-misconduct plea-agreement psychological-control sentencing statutory-minimum-sentence
Key Terms:
FifthAmendment
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether a downward departure from a statutory minimum sentence is warranted

Question Presented (OCR Extract)

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

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-22
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Brian Michael Burton
Brian Michael Burton — Petitioner
Brian Michael Burton — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent