No. 18-8763

Terry Walker v. United States

Lower Court: Seventh Circuit
Docketed: 2019-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation
Key Terms:
SocialSecurity
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or judge consistent with the statute of conviction, or facts admitted by the defendant during the plea colloquy or stipulated within the factual basis of the plea agreement to substantially increase a defendant's sentence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendantis conviction into conduct that was neither found by a jury or judge consistent with the statute of conviction, or facts . admitted by the defendant during the plea colloquy or stipu— lated within the factual basis of the plea agreement to substantially increase a defendant's sentence? :

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-26
Waiver of right of respondent United States to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2019)
2018-12-12
Application (18A616) granted by Justice Kavanaugh extending the time to file until March 2, 2019.
2018-11-30
Application (18A616) to extend the time to file a petition for a writ of certiorari from January 1, 2019 to March 2, 2019, submitted to Justice Kavanaugh.

Attorneys

Terry Walker
Terry Walker — Petitioner
Terry Walker — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent