No. 21-7759

Mikkel McKinnie v. United States

Lower Court: Fourth Circuit
Docketed: 2022-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-841 8th-amendment burrage-precedent causation drug-offense drug-related-death due-process guideline-range sentencing sentencing-reasonableness upward-variance
Latest Conference: 2022-06-02
Question Presented (from Petition)

I.
Whether the Lower Courts Erred in Not Applying the Court's Precedent in
Burrage v. United States, 571 U.S. 204 (2014), to Upward Variances When a
Death is Alleged to Result from a Violation of 21 U.S.C. § 841.

II.
Whether Defendant's Sentence of 120 Months is Substantively Reasonable
When His Guideline Range was 20 to 27 Months.

Question Presented (AI Summary)

Whether the Lower Courts Erred in Not Applying the Court's Precedent in Burrage v. United States

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Waiver of right of respondent United States to respond filed.
2022-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2022)

Attorneys

Mikkel McKinnie
Seth Allen NeyhartLaw Office of Seth A. Neyhart, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent