No. 20-7363

Lerone Bernard Butler v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy controlled-substances criminal-procedure drug-offenses due-process law-enforcement-misconduct possession-with-intent sentencing sufficiency-of-evidence
Key Terms:
DueProcess FifthAmendment Securities Privacy
Latest Conference: 2021-04-01
Question Presented (AI Summary)

whether-the-verdict-was-supported-by-sufficient-evidence

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE GOVERNMENT, WITH ALL REASONBLE INFERENCES AND CREDIBILITY CHOICES IN FAVOR OF THE JURY’S VERDICT, WAS SUFFICIENT SUCH THAT ANY RATIONAL TRIER OF FACT COULD NOT HAVE FOUND THAT THE ESSENTIAL EVIDENCE REQUIRED FOR THE GOVERNMENT TO PROVE THE OFFENSES OF CONSPIRACY AND/OR POSSESSION WITH THE INTENT TO DISTRIBUTE COCAINE, HEROIN AND FENTANYL. I. DID THE DISTRICT COURT ERR IN FAILING TO DISMISS THE SUPERSEDING INDICTMENT WHEN APPELLANT SUFFERED DEMONSTRABLE PREJUDICE FROM A CONSTITUTIONAL VIOLATION OF LAW AS A RESULT OF LAW ENFOCEMENT’S INVESTIGATIVE TECHNIQUES, THAT WERE SO OUTRAGEOUS AS TO BE FUNDAMENTALLY UNFAIR AND SHOCKING TO THE UNIVERSAL SENESE OF JUSTICE PROTECTED BY THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT OF THE U.S. CONSTITUTION. Ii. DID THE DISTRICT COURT COMMIT CLEAR ERROR IN JUDGMENT IN WEIGHING THE 18 U.S.C. Sec. 3553(a) FACTORS WHEN IT ARRIVED AT A SENTENCE THAT, ALTHOUGH WITHIN THE GUIDELINES, WAS NEVERTHELESS OUTSIDE THE RANGE OF REASONABLE SENTENCES DICTATED BY THE FACTS OF THE CASE AND THE PERSONAL HISTORY AND CHARACTERISTICS OF APPELLANT. i INTERESTED PARTIES There are no

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-10
Waiver of right of respondent United States to respond filed.
2021-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2021)

Attorneys

Lerone Butler
Howard J. SchumacherHoward J. Schumacher, P.A., Petitioner
Howard J. SchumacherHoward J. Schumacher, P.A., Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent