No. 21-7128

Cornelius Riley v. United States

Lower Court: Third Circuit
Docketed: 2022-02-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment constitutional-rights criminal-procedure criminal-sentencing drug-offense due-process fifth-amendment jury-trial sentencing-guidelines sixth-amendment
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Should the reasoning of Apprendi, Alleyne, and Peugh be extended to cases where a defendant's sentencing guideline range increases significantly due to a fact not proved at trial?

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW 1. Should this Honorable Court extend the reasoning of Apprendi, Alleyne, and Peugh to cases where a defendant's sentencing guideline range increases significantly as a result of a fact that is not proved at trial? Specifically, where the fact that heroin contained fentanyl was not proved to the jury but was applied in sentence guideline calculations to increase defendant's range from 77-96 months to 135-168 months, were defendant's rights under the 5th and 6t amendment violated? 1

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-22
Waiver of right of respondent United States to respond filed.
2022-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2022)

Attorneys

Cornelius Riley
James BroseJames Brose, Petitioner
James BroseJames Brose, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent