No. 19-8515

Michael Munday v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-05-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2020-06-18
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-05-27
Waiver of right of respondent United States to respond filed.
2020-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2020)

Attorneys

Michael Munday
Sheryl Joyce LowenthalAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent