No. 19-6865

Delante L. Lunn v. United States

Lower Court: Sixth Circuit
Docketed: 2019-12-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: but-for-causation but-for-test causation criminal-law criminal-sentencing drug-distribution drug-offenses drug-overdose mandatory-minimum overdose-causation sentencing statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the but-for test in Burrage v. United States should be re-evaluated for mixed drug overdoses that result in death where no drug distributed by the defendant was an independent cause of death

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether this Honorable Court should re-evaluate the but-for test established by Burrage v. United States, 571 U.S. 204 (2014) for mixed drug overdoses that result in death where no drug distributed by the defendant was an independent cause of death. The "results from" language in 21 U.S.C. § 841(b)(1)(C) is more broad than the restrictive but-for test established in Burrage which has resulted in very significant mandatory minimum sentences for defendants that distributed drugs that were not independently the cause of an individual's death.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-16
Waiver of right of respondent United States of America to respond filed.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

Delante Lunn
Marisa Larrick SerratJaime P. Serrat LLC, Petitioner
Marisa Larrick SerratJaime P. Serrat LLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent