No. 18-8843

John Leroy Milne v. United States

Lower Court: Tenth Circuit
Docketed: 2019-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure drug-identity drug-quantity due-process evidence reasonable-doubt sufficiency-of-evidence
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with intent to distribute more than 100 kilograms of marijuana

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Mr. Milne was convicted, in separate counts, of conspiracy to possess and knowingly possessing with intent to distribute more than 100 kilograms of marijuana. He was found in possession of 11 bundles that were alleged to contain marijuana. At trial, the government presented evidence that only one bundle had been opened and sampled. No evidence of the contents of the other ten bundles was presented, nor was there any evidence that the sole bundle that was sampled was randomly selected for testing. The issue presented for review is whether the evidence presented was sufficient to prove beyond a reasonable doubt that Mr. Milne conspired to possess and knowingly possessed with intent to distribute more than 100 kilograms of marijuana. i NO. SUPREME COURT OF THE UNITED STATES October Term 2018 JOHN LEROY MILNE, Petitioner, V. UNITED STATES OF AMERICA, Respondent.

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-24
Waiver of right of respondent United States to respond filed.
2019-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2019)

Attorneys

John Leroy Milne
Rachel Ann NathansonFederal Public Defender, Petitioner
Rachel Ann NathansonFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent