No. 20-5894

Jorge Eduardo Nava v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-liability criminal-sentencing due-process fifth-amendment preponderance-of-evidence relevant-conduct sentencing-guidelines standard-of-proof unrelated-offense
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Does the Fifth Amendment's Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant's prison sentence for the offense of conviction based on a judge's finding that he was criminally liable for an unrelated, uncharged, and unadjudicated offense?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Nava’s federal Guideline sentencing range for his cocaine convictions was increased by 11 to 16 years’ imprisonment based on the judge’s finding by only a preponderance of the evidence that he was criminally liable for an uncharged and unadjudicated methamphetamine offense and that it was relevant conduct. Does the Fifth Amendment’s Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant’s prison sentence for the offense of conviction based on a judge’s finding that he was criminally liable for an unrelated, uncharged, and unadjudicated offense? No. _ In the Supreme Court of the United States October Term, 2019 JORGE EDUARDO NAVA, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS OF THE FIFTH CIRCUIT Petitioner, Jorge Eduardo Nava asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on September 28, 2020.

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-13
Waiver of right of respondent United States of America to respond filed.
2020-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Jorge Eduardo Nava
Judy Fulmer MadewellFederal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent