No. 20-7198

Benjamin Edward Henry Bradley v. United States

Lower Court: Sixth Circuit
Docketed: 2021-02-22
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment
Key Terms:
SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2021-06-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture based on judge-found facts

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether, under Apprendi and its progeny, a court violates the Sixth Amendment’s jury-finding requirements by ordering forfeiture, over the defendant’s objection, based only on judge-found facts. 2. Whether in personam money judgments—which seize even untainted assets—are an end-run around the criminal forfeiture statute and inconsistent with this Court’s precedent in Honeycutt. i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-25
Reply of petitioner Benjamin Bradley filed. (Distributed)
2021-05-10
Brief of respondent United States in opposition filed.
2021-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-03-18
Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-09
Response Requested. (Due April 8, 2021)
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-25
Waiver of right of respondent United States to respond filed.
2021-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2021)

Attorneys

Benjamin Bradley
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent