No. 19-7336
Francisco Pena, Jr. v. United States
Response WaivedIFP
Tags: criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judge would have imposed absent consideration of that uncharged conduct?
Question Presented (OCR Extract)
QUESTION PRESENTED 1. Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judge would have imposed absent consideration of that uncharged conduct? i
Docket Entries
2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Waiver of right of respondent United States to respond filed.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2020)
Attorneys
Francisco Pena, Jr.
Randall Harrison Nunn — Randall H. Nunn, Attorney at Law, Petitioner
Randall Harrison Nunn — Randall H. Nunn, Attorney at Law, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent