No. 19-8158

Lucas Heindenstrom v. United States

Lower Court: First Circuit
Docketed: 2020-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 causation causation-standard fentanyl fentanyl-death harmless-error sentencing-guidelines statutory-sentencing upward-departure
Key Terms:
Takings Jurisdiction
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Is applying the wrong causation standard when upwardly departing under the sentencing guidelines or upwardly varying under the statutory sentencing factors pursuant to 18 U.S.C. § 3553 for the death of a person who consumed fentanyl ever harmless error?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1, Is applying the wrong causation standard when upwardly departing under the sentencing guidelines or upwardly varying under the statutory sentencing factors pursuant to 18 U.S.C. § 3553 for the death of a person who consumed fentanyl ever harmless error? 2. Must the Government prove strict but for causation when death resulted to justify a sentence of a term of imprisonment more than four times the high end of the calculated guideline range for the offense? 1

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-09
Waiver of right of respondent United States to respond filed.
2020-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2020)

Attorneys

Lucas Heindenstrom
Robert Clayton AndrewsRobert C. Andrews Esquire, PC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent