No. 19-7215

Jerry Jabbari Rhodes v. United States

Lower Court: Fourth Circuit
Docketed: 2020-01-08
Status: Denied
Type: IFP
IFP
Tags: acquittal constitutional-rights criminal-procedure double-jeopardy due-process judicial-sentencing jury-trial sentencing sixth-amendment watts-decision
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The bedrock principle of the American justice system is the Citizen’s right to a trial by jury. For decades, in the federal system, that right has been a mere formality. Because of the lower courts’ unconditional reliance on this Court’s decision in Watts, a not guilty in federal court is often just advisory. It has no power to stop a judge from sentencing someone for conduct for which they were acquitted. Petitioner Jerry Rhodes is serving a sentence for conduct he was found not guilty of. He asks this Court: 1. Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-09
Reply of petitioner Jerry Jabbari Rhodes filed. (Distributed)
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-09
Memorandum of respondent United States filed.
2020-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2020.
2020-01-29
Motion to extend the time to file a response from February 7, 2020 to March 9, 2020, submitted to The Clerk.
2020-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

Jerry Jabbari Rhodes
Joshua Snow KendrickKendrick & Leonard, P.C., Petitioner
Joshua Snow KendrickKendrick & Leonard, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent