No. 19-5223

Bobby Minnis v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 criminal-procedure double-jeopardy due-process ex-parte-communication ex-parte-communications federal-sentencing judicial-discretion sentencing-modification state-sentencing
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a federal district judge can amend a final sentence years later to a defendant's detriment

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a federal district judge can make the ; internally contradictory oral pronouncement that a federal sentence is to be served concurrent with one of two perfectly concurrent state sentences, but only partially consecutive with the other state sentence, and then eight years later once that federal sentence was served concurrently by the defendant, change : that sentence to partially consecutive with both those state sentences; citing FED. R. CRIM. P. 36., and , what he claims he meant to say; doing so only after an ex parte conference with the Bureau of Prisons, which alerted him that the irreconcilable conflict that could only be legally amended through a 18 U.S.C. 33582 (c) motion in the defendant’s favor could be averted if such an illegal amendment was returned to the Bureau of Prisons without notifying the unaware defendant. Whether coercive ex parte communications with U.S. judges intended to unfavorably affect resentencing of the accused require reversal. Whether a Judge’s original oral pronouncement controls, or whether his claimed intent controls. Whether a Judge’s claimed intent is amendable under FED. R. CRIM. P. 36. Whether a Judge’s coerced claimed intent allows the Court and the Bureau of Prisons to ignore the requirements of 18 U.S.C. §3582 (c ). Whether amending a final judgment and oral pronouncement years later to a defendant’s detriment and without his knowledge violates the due process and double jeopardy clause of the U.S. ; Constitution. f \

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondent United States to respond filed.
2019-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)

Attorneys

Bobby Minnis
Bobby Minnis — Petitioner
Bobby Minnis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent