No. 19-7735

Ronnie Kearby v. United States

Lower Court: Fifth Circuit
Docketed: 2020-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether a court may accept a mere allegation of estimated drug quantities from a non-testifying coconspirator informant as satisfaction of the Government's burden of proof requirement to show a specific quantity of drugs sufficient to support the base offense level by reliable 'evidence' without violating due process

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Ina federal drug conspiracy case where there is no drug seizure, may a court accept a mere allegation of estimated drug quantities from a non-testifying coconspirator informant as satisfaction of the Government's burden of proof requirement to show a specific quantity of drugs sufficient to support the base offense level by reliable "evidence," using the preponderance of evidence standard, after specific objection by the defendant of such drug quantity determination, without violating due process of law?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-06
Waiver of right of respondent United States of America to respond filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Ronnie Kearby
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent