No. 19-6634

Kathryn Woodin Markle v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-production burden-of-proof criminal-procedure defendant-rights due-process evidence government-burden pre-sentence-report sentencing sentencing-guidelines sentencing-objection
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, does the government bear the burden of supporting such information after an objection?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW L Does the defendant bear the burden of production to rebut information found in a pre-sentence report after objecting to that information, or instead, does the government bear the burden of supporting such information after an objection? ii PARTIES Kathryn Markle is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, who was the plaintiff-appellee below. iii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Waiver of right of respondent United States to respond filed.
2019-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2019)

Attorneys

Kathryn Markle
Brian Daniel PoeBrian D. Poe, Attorney at Law PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent