No. 20-7940

Khaled Elbeblawy v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment
Key Terms:
FifthAmendment
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fines or forfeiture

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Sixth Amendment to the United States Constitution requires a jury trial on the forfeiture, and whether the Sixth Amendment forbids a trial judge from assuming the traditional role of the jury in a criminal trial to find facts that lead to an increase in the fines or forfeiture upon a criminal defendant. Whether the government’s decision to use the pre-remand forfeiture amount for restitution, instead of the reduced amount found on remand by the district court, violates due process and allows the government to obtain an unconstitutional fine. i

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-13
Waiver of right of respondent United States of America to respond filed.
2021-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2021)

Attorneys

Khaled Elbeblawy
Sonia Escobio O'DonnellThe O'Donnell Law Firm, P.A., Petitioner
Sonia Escobio O'DonnellThe O'Donnell Law Firm, P.A., Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent