Question Presented (AI Summary)
Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey?
Question Presented (OCR Extract)
QUESTIONS PRESENTED Is Mr. Ventura is serving two life sentences imposed in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the district court’s charge erroneously removed an element of the offense from the jury’s consideration and then erred as a matter of fact and of law by finding that same element proved at sentence, thereby imposing a penalty higher than the maximum allowed by the jury’s verdict in violation of Apprendi? Should this Court resolve the circuit split as to whether 18 U.S.C. § 924(j) incorporates the mandatory minimum penalties of 18 U.S.C. § 924(c)—a question that is answered in the affirmative by the Second Circuit and in the negative by the Eleventh and Sixth Circuits? i
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Reply of petitioner Kevin Ventura filed. (Distributed)
2019-06-12
Brief of respondent United States of America in opposition filed.
2019-05-08
Motion to extend the time to file a response is granted and the time is further extended to and including June 12, 2019.
2019-05-07
Motion to extend the time to file a response from May 13, 2019 to June 12, 2019, submitted to The Clerk.
2019-04-03
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-02
Motion to extend the time to file a response from April 12, 2019 to May 13, 2019, submitted to The Clerk.
2019-03-13
Response Requested. (Due April 12, 2019)
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)