No. 21-7323

Russell Hampton v. United States

Lower Court: Second Circuit
Docketed: 2022-03-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review conspiracy jury-instructions juvenile-delinquency juvenile-delinquency-act post-majority-misconduct presentence-report presumption-of-retaliation sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether a jury must be instructed that it cannot convict unless it finds the defendant 'ratified' his participation in a charged conspiracy by post-majority misconduct

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether, to comply with the Juvenile Delinquency Act, a jury must be instructed that it cannot convict unless it finds that the defendant ‘ratified’ his participation in any charged conspiracy by engaging in post-majority misconduct (SPLIT IN CIRCUITS). Whether, where a PSR is revised to increase the sentencing guidelines range after a defendant prevails on appeal, not based on any new information about the crimes or any new misconduct by the defendant, a presumption of retaliation should apply regardless of whether the sentence ultimately imposed is harsher than the original sentence. 2

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States of America to respond filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2022)

Attorneys

Russell Hampton
Tina Schneider — Petitioner
Tina Schneider — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent