No. 19-5123

Richard Parrish v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidentiary-support gall-v-united-states judicial-discretion legal-reliability reliability sentencing townsend-v-burke united-states-v-tucker united-states-v-watts
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Sentences based on unreliable information violate Due Process, see United States v. Tucker, 404 U.S. 448, 447 (1972); Townsend v. Burke, 334 U.S. 736, 741 (1948), and sentencing factors must be supported by sufficient indicia of reliability, see Gall v. United States, 552 U.S. 38 (2007); United States v. Watts, 519 U.S. 148 (1997). Richard Parrish’s sentence was based, in part, on a finding of fact that both parties agreed was unfounded. Is resentencing required when a sentencing judge relied on an assumption that both parties agree is without evidentiary support? 2

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-22
Waiver of right of respondent United States to respond filed.
2019-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)

Attorneys

Richard Parrish
Colleen P FitzharrisFederal Defender, Eastern District of Michigan, Petitioner
Colleen P FitzharrisFederal Defender, Eastern District of Michigan, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent