No. 19-6230

Claudius L. Fincher v. United States

Lower Court: Seventh Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: criminal-procedure due-process factual-question jury-determination jury-trial mandatory-minimum safety-valve safetyvalve-statute sentencing sixth-amendment
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Does the district court's resolution of a contested factual question under 18 U.S.C. § 3553(f) (safety-valve statute) for the purpose of determining whether a mandatory-minimum sentence applies under 21 U.S.C. § 841(b)(1)(B), violate the defendant's Sixth Amendment right to have a jury determine all facts necessary to raise the mandatory sentencing range?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the district court’s resolution of a contested factual question under 18 U.S.C. § 3553(f) (safetyvalve statute) for the purpose of determining whether a mandatory-minimum sentence applies under 21 U.S.C. § 841(b)(1)(B), violate the defendant’s Sixth Amendment right to have a jury determine all facts necessary to raise the mandatory sentencing range?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-01-30
Brief of respondent United States of America in opposition filed.
2019-12-20
Motion to extend the time to file a response is granted and the time is further extended to and including January 30, 2020.
2019-12-19
Motion to extend the time to file a response from December 30, 2019 to January 30, 2020, submitted to The Clerk.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2019.
2019-11-19
Motion to extend the time to file a response from November 29, 2019 to December 30, 2019, submitted to The Clerk.
2019-10-30
Response Requested. (Due November 29, 2019)
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-17
Waiver of right of respondent United States of America to respond filed.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Claudius Fincher
Shelley Marie FiteFederal Defender Services of Wisconsin, Inc., Petitioner
Shelley Marie FiteFederal Defender Services of Wisconsin, Inc., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent