No. 21-7773

Eric Middlebrook v. United States

Lower Court: Seventh Circuit
Docketed: 2022-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the same instant criminal offense violate the Double Jeopardy Clause of the United States Constitution?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the same instant criminal offense violate the Double Jeopardy Clause of the United States Constitution? Answer: YES. -or: 2. More specifically, is thé sentence enhancement under U.S.S.G. § 2D1.1(b) (14) (B) unconstitutional? Answer: YES. -and3. Did the Court:below err in not considering the constitutionality of applying U.S.S.G. § 2D1.1(b)(14)(B) when deciding Petitioner's Direct Appeal? Ariswer: YES.

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-11
Waiver of right of respondent United States to respond filed.
2022-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2022)

Attorneys

Eric Middlebrook
Eric Middlebrook — Petitioner
Eric Middlebrook — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent