No. 20-1693

Erick Allen Osby v. United States

Lower Court: Fourth Circuit
Docketed: 2021-06-07
Status: Denied
Type: Paid
Amici (4)Response Waived
Tags: constitutional-rights criminal-procedure criminal-sentencing double-jeopardy fifth-amendment jury-acquittal sentencing sixth-amendment
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether basing a criminal defendant's sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments

Question Presented (OCR Extract)

QUESTION PRESENTED Whether basing a criminal defendant’s sentence on charges of which the jury acquitted him violates the Fifth or Sixth Amendments. @)

Docket Entries

2021-10-04
Petition DENIED.
2021-09-24
Supplemental brief of petitioner Erick Allen Osby filed.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-07-07
Brief amici curiae of National Association of Federal Defenders and FAMM filed. (Distributed)
2021-07-07
Brief amici curiae of Former Federal District Court Judges and Law Professors filed. (Distributed)
2021-07-07
Brief amicus curiae of Cato Institute filed. (Distributed)
2021-07-01
Waiver of right of respondent United States to respond filed.
2021-06-30
Brief amici curiae of Americans for Prosperity Foundation, National Association of Criminal Defense Lawyers, Dream Corps Justice, and R Street Institute filed.
2021-06-01
Petition for a writ of certiorari filed. (Response due July 7, 2021)

Attorneys

Americans for Prosperity Foundation, National Association of Criminal Defense Lawyers, Dream Corps Justice, and R Street Institute
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Cato Institute
Jay Remington SchweikertThe Cato Institute, Amicus
Erick Allen Osby
Caroline Swift PlattOffice of the Federal Public Defender, Petitioner
Former Federal District Court Judges and Law Professors
Christopher D. ManWinston & Strawn LLP, Amicus
National Association of Federal Defenders and FAMM
Jonathan Podolsky SchnellerO' Melveny & Myers, Amicus
United States
Brian H. FletcherActing Solicitor General, Respondent