No. 21-6706

Billy Dean Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof due-process fifth-amendment hearsay judicial-discretion sentencing uncharged-felony
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Did the district court violate Mr. Smith's Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. Smith had committed an uncharged felony and, second, to base Mr. Smith's sentence on his unproven, unadmitted guilt of this alleged but uncharged felony?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the district court violate Mr. Smith’s Fifth Amendment Due Process rights by relying on unreliable, unsupported hearsay to, first, find that Mr. Smith had committed an uncharged felony and, second, to base Mr. Smith’s sentence on his unproven, unadmitted guilt of this alleged but uncharged felony? ii

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Waiver of right of respondent United States of America to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Billy Dean Smith
John Palmer RhodesFederal Defenders of Montana, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent