No. 21-6268
Cesar Martinez v. United States
Response WaivedRelisted (2)IFP
Tags: criminal-procedure criminal-sentencing double-jeopardy due-process fifth-amendment jury-acquittal sentencing-enhancement sixth-amendment trial-by-jury
Key Terms:
DueProcess
DueProcess
Latest Conference:
2022-01-07
(distributed 2 times)
Question Presented (AI Summary)
Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and to trial by jury under the Fifth and Sixth Amendments to the United States Constitution
Question Presented (OCR Extract)
Question Presented Whether basing a criminal defendant's sentence on conduct underlying a charge for which the jury acquitted him violates his rights to due process and to trial by jury under the Fifth and : Sixth Amendments to the United States Constitution.
Docket Entries
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent United States to respond filed.
2021-11-15
Motion (21M40) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-10-27
MOTION (21M40) DISTRIBUTED for Conference of 11/12/2021.
2021-10-18
Motion (21M40) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2021)
Attorneys
Cesar Martinez
Stephen Paul Maidman — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent