No. 20-6864

Brian David Hill v. United States

Lower Court: Fourth Circuit
Docketed: 2021-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury
Key Terms:
AdministrativeLaw
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by denying Petitioner his Sixth Amendment right to trial by jury and/or by finding Petitioner guilty by a preponderance of the evidence rather than beyond a reasonable doubt or, in the alternative, whether existing law should be extended and/or modified to find the above. Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in finding that the evidence before it was sufficient to find that Petitioner violated his supervised release by violating Virginia Code § 18.2-387. Whether the United States Court of Appeals for the Fourth Circuit erred in denying Petitioner’s motion to continue the revocation hearing until after the underlying criminal appeal was completed.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent United States to respond filed.
2021-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

Brian Hill
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
Edward Ryan KennedyRobinson & McElwee, PLLC, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent