No. 21-8076
Siva K. Durbesula v. United States
Response WaivedIFP
Tags: constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release
Key Terms:
Arbitration Immigration JusticiabilityDoctri
Arbitration Immigration JusticiabilityDoctri
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period of supervised release and the amount of a special assessment?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIOD OF SUPERVISED RELEASE AND THE AMOUNT OF A SPECIAL ASSESSMENT? 2) WHETHER THE PETITIONER'S SPEEDY TRIAL ACT RIGHTS WERE VIOLATED?
Docket Entries
2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-10
Waiver of right of respondent United States to respond filed.
2022-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2022)
Attorneys
Siva Durbesula
Andrew Brady Banzhoff — Devereux & Banzhoff PLLC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent