No. 20-7868

Douglas Kelly v. United States

Lower Court: Third Circuit
Docketed: 2021-04-28
Status: Denied
Type: IFP
IFP
Tags: alleyne-precedent automatic-reversal direct-appeal drug-conspiracy jury-selection prejudice public-trial rico-conspiracy sentencing-enhancement structural-error
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Related Cases: 20-1523 (Vide) 20-7796 (Vide) 20-7889 (Vide)
Question Presented (AI Summary)

Whether, in the context of a structural error involving a public trial violation during jury selection where no trial objection was made but the error was raised on direct appeal, the petitioner must demonstrate prejudice to secure a new trial or is entitled to automatic reversal

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. In the context of a structural error involving a public trial violation during jury selection, where no trial objection was made but the error was raised on direct appeal, must the Petitioner demonstrate prejudice to secure a new trial, or are they entitled to automatic reversal? II. Does the aggregation of drug sales to enhance the maximum sentence for drug Conspiracy and RICO Conspiracy conflict with this Court’s decision in Alleyne v United States? i

Docket Entries

2021-10-04
Motion for leave to proceed in forma pauperis filed by respondent Anthony Sistrunk GRANTED.
2021-10-04
Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson GRANTED.
2021-10-04
Petition DENIED.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-06-22
Motion to extend the time to file a response is granted and the time is further extended to and including July 30, 2021.
2021-06-17
Motion to extend the time to file a response from June 28, 2021 to July 30, 2021, submitted to The Clerk.
2021-05-25
Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson.
2021-05-24
Brief of respondents Rolando Cruz, Jr., Marc Hernandez, Roscoe Villega in support filed.
2021-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
2021-05-18
Motion for leave to proceed in forma pauperis by respondent Anthony Sistrunk filed.
2021-05-17
Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
2021-05-10
Brief of respondent Anthony Sistrunk in support filed.
2021-05-05
Brief of respondent Maurice Atkinson in support filed.
2021-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)

Attorneys

Anthony Sistrunk
Daniel M. MyshinAttorney at Law, Respondent
Douglas Kelly
Richard F. Maffett Jr.Richard F. Maffett, Jr., Petitioner
Maurice Atkinson
John F. YaninekThomas, Thomas & Hafer LLP, Respondent
Rolando Cruz, Jr., Marc Hernandez, Roscoe Villega
Peter Goldberger — Respondent
United States of America
Brian H. FletcherActing Solicitor General, Respondent