No. 21-6384

Kimani I. Sterling v. United States

Lower Court: Eighth Circuit
Docketed: 2021-11-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-review criminal-appeal eighth-circuit judicial-procedure preservation-of-error procedural-due-process sentencing sentencing-objections standard-of-review waiver waiver-doctrine
Key Terms:
DueProcess
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Has the Eighth Circuit imposed upon Mr. Sterling an unlawful burden by finding Sterling waived his argument that the District Court violated procedural-due-process in sentencing Sterling

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Has the Eighth Circuit imposed upon Mr. Sterling an unlawful burden by finding Sterling waived his argument that the District Court violated procedural due process in sentencing Sterling e When Mr. Sterling made specific objections to the sentence orally and in writing prior to sentence being imposed, e When the District Court failed to address any of Mr. Sterling’s specific objections in imposing sentence, and e When the Seventh Circuit has found that such a record, as made by Mr. Sterling, properly preserves a procedural due process claim for full and fair review? 1

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-02
Waiver of right of respondent United States to respond filed.
2021-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2021)

Attorneys

Kimani Sterling
Frederick Allwyn Duchardt Jr. — Petitioner
Frederick Allwyn Duchardt Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent