No. 18-9006

Donald Ray Boles v. United States

Lower Court: Second Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the holding of Almendarez-Torres v. United States should be reconsidered

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether the holding of Almendarez-Torres v. United States, 523 U.S. 224 (1998), which created a carve-out to the rule later adopted in Apprendi v. New Jersey, 530 U.S. 466 (2000), should be reconsidered in light of Apprendi and its progeny which have, for the past two decades, called its holding into question perpetuating litigation in both state and federal courts. fil

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent United States to respond filed.
2019-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Donald Boles
Steven L. BarthOffice of the Federal Public Defender District of Vermont, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent