No. 20-1565

Michael Ryan Mitchan v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-11
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are solely responsible for increasing sentencing guidelines?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are solely responsible for increasing sentencing guidelines? 2. Does it violate the principles of due process for a sentencing court to adopt a drug quantity based on relevant conduct as calculated in a Presentence Investigation Report without conducting any on the record inquiry into the rebuttal evidence provided by the defendant?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-13
Waiver of right of respondent United States to respond filed.
2021-05-07
Petition for a writ of certiorari filed. (Response due June 10, 2021)

Attorneys

Michael Ryan Mitchan
Jeffrey Harris LichtmanLaw Offices of Jeffrey Lichtman, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent