No. 20-7121

Georges Michel v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-02-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-841 apprendi-rule apprendi-v-new-jersey drug-quantity due-process jury-trial sentencing-guidelines sixth-amendment statutory-maximum
Latest Conference: 2021-03-19
Question Presented (from Petition)

Whether the Court of Appeals erred, reversibly, in affirming the district court's decision—making a drug quantity determination, after the Remand—where the sentence, again, exceeded the authorized statutory maximum [for Apprendi purposes] which is the maximum authorized based solely on the jury's verdict alone?

Whether the Court of Appeals erred, reversibly, by affirming the lower court's factual finding, without a jury finding, regarding leadership or organizer role and imposing a sentence that exceeded the authorized statutory maximum for Apprendi purposes?

Question Presented (AI Summary)

Whether the Court of Appeals erred in affirming the district court's drug-quantity determination that exceeded the statutory-maximum based solely on the jury's verdict

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2020-12-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Georges Michel
Georges Michel — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent