No. 18-8205

Elamin Bashir v. United States

Lower Court: Third Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-law criminal-procedure drug-trafficking due-process individualized-jury-finding jury-finding jury-instructions mandatory-minimum sentencing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether the mandatory minimum sentence was improperly imposed for drug-trafficking conspiracy, because individualized jury finding as to quantity of drugs attributable to each individual defendant, rather than drugs attributable to conspiracy as a whole, is required to trigger mandatory minimum?

Question Presented (OCR Extract)

QUESTION PRESENTED I. WHETHER THE MANDATORY MINIMUM SENTENCE WAS IMPROPERLY IMPOSED FOR DRUG-TRAFFICKING CONSPIRACY, BECAUSE INDIVIDUALIZED JURY i: .FINDING AS TO QUANTITY OF DRUGS ATTRIBUTABLE TO EACH INDIVIDUAL DEFENDANT, RATHER THAN DRUGS ATTRIBUTABLE TO CONSPIRACY AS A WHOLE, IS REQUIRED TO TRIGGER MANDATORY MINIMUM? , vi , .

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent United States to respond filed.
2018-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Elamin Bashir
Elamin Bashir — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent