No. 21-7975

Amir Karim Beigali v. United States

Lower Court: Sixth Circuit
Docketed: 2022-05-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was based on a first conviction that was not yet final

Question Presented (OCR Extract)

QUESTION PRESENTED DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (€) (1) (C)(i) AND ITS CONSECUTIVE MANDATORY PENALTY, WHEN THE SECOND 924 (c) OFFENSE ~~ WAS BASED UPON FIRST 924's CONVICTION THAT WAS NOT FINAL YET BECAUSE PETITIONER'S WAS STILL SERVING SUPERVISED RELEASE TERM IMPOSED AS CONDITION OF THE FIRST CONVICTION AS ANNOUNCED IN U.S. SUPREME COURT PRECEDENTS SUCH AS JOHNSON V. UNITED STATES, 529 U.S. 694 (2000) AND UNITED STATES V. HAYMOND, 139 S.Ct. 2369 (2019) Today, this Court's held that: We merely acknowledge that an accused's final sentence include any supervised release sentence he may receive. Nor in saying that do we say anything new: This Court has already recognized that : supervised release punishments arise from and are "treated as part of the — penalty for the initial offense." Johnson v. United States, 529 U.S. 700, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000). The defendant receives a term of supervised release thanks to his initial offense, and whether that release is later revoked or sustained, it constitutes a part of the final sentence for his crime. Haymond, 139 S.Ct. at 2379-80. Here, Petitioner's is serving additional 25-year term of imprisonment that Federal law or U.S.Constitution does not authorize and as resultijed) 18 provide him statutory remedy to correct this plain error of'miscarriage of justice,.’as “extraordinary and compebling reasons. e-1 ; * oo ADDITIONAL

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-03
Waiver of right of respondent United States to respond filed.
2022-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2022)

Attorneys

Amir Karim Beigali
Amir Beigali — Petitioner
Amir Beigali — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent