No. 19-7294
Mohammed Kwaning v. United States
Response WaivedIFP
Tags: apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Whether the Government officials conduct violated Petitioner's constitutional rights?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED . Whether the Government officials conduct violated Petitioner's constitutional rights? where; (a). The District Court failed to disclose material evidence favorable to Petitioner and upon request, specifically the Audio Recording of the September 26, 2017 motion hearing. (b) The District Court admitted testimonial hearsay of a non-testifying . Co-Defendant in a joint trial. ‘ (c) The sentencing Judge enhanced Petitioner's sentence, based upon a preponderance of the evidence after a jury trial. Thus alleyne and apprendi error exist. .
Docket Entries
2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent United States to respond filed.
2020-01-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent