No. 19-8874

Robert Warren Scully v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury, violates the fifth amendment indictment and notice guarantees and the sixth amendment jury trial guarantee

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury, violates the fifth amendment indictment and notice guarantees and the sixth amendment jury trial guarantee. 2. Whether law enforcement agents who failed to conduct any reasonable investigation to determine whether two houses were separate properties before applying for a search warrant for one house at a particular address can have rely in objective good faith on the warrant to search both properties.

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-07-06
Waiver of right of respondent United States of America to respond filed.
2020-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2020)

Attorneys

Robert Scully
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent