Michael Munday v. United States
FifthAmendment DueProcess
Whether the Eleventh Circuit Court of Appeals erred in affirming a 12-year upward departure sentence that violates due-process, double-jeopardy, reasonableness, fairness
Question Presented In affirming the 12-year upward departure sentence, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, and sanctions such a departure by the district court, as to call for the exercise of this Court’s supervisory powers in that: It violates every notion of reasonableness, fairness, Fifth and Sixth Amendment due process, double jeopardy, and common sense, to sentence Munday to 12 years when the leader and organizer was sentenced to 4 years and the bookkeeper for the entire scheme was sentenced to 2 years. i