No. 19-8400

Roy Allen Nichols v. United States

Lower Court: Sixth Circuit
Docketed: 2020-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-law court-of-appeals criminal-defendant criminal-procedure due-process factfinding fifth-amendment sentencing sentencing-enhancement
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2020-05-28
Question Presented (AI Summary)

Whether a Court of Appeals violates a criminal defendant's right to Due Process

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether a Court of Appeals violates a criminal defendant’s right to Due Process, guaranteed by the Fifth Amendment to the United States Constitution, by depriving the defendant of the opportunity to be heard, when it improperly and sua sponte acts as a factfinder to justify the application of a sentencing enhancement. ,

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-07
Waiver of right of respondent United States to respond filed.
2020-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2020)

Attorneys

Roy Allen Nichols
Steven Douglas JaegerThe Jaeger Firm, PLLC, Petitioner
Steven Douglas JaegerThe Jaeger Firm, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent