No. 21-8116
Demarco Tempo v. United States
Response WaivedIFP
Tags: but-for-causation causation criminal-law death-enhancement drug-statute due-process jury-instructions pinkerton-liability proximate-cause sentencing statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Should the government be required to prove proximate cause in addition to but-for causation for the 'death results' enhancement in 21 U.S.C. § 841?
Question Presented (OCR Extract)
QUESTIONS PRESENTED The questions presented are: I. Should the government be required to prove proximate cause in addition to but-for causation for the “death results” enhancement in 21 U.S.C. § 841? Il. Is the death-or-injury enhancement pursuant to 21 U.S.C. § 841(b)(1)(C) unconstitutionally vague? II. Did the district court judge improperly and inaccurately state the law in its jury instructions when it permitted the jury to utilize the Pinkerton theory of liability to apply the death-or-injury enhancement pursuant to 21 U.S.C. § 841(b)(1)(C)? i
Docket Entries
2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent United States to respond filed.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)
2022-06-06
Application (21A784) granted by Justice Kavanaugh extending the time to file until August 8, 2022.
2022-05-24
Application (21A784) to extend the time to file a petition for a writ of certiorari from June 9, 2022 to August 8, 2022, submitted to Justice Kavanaugh.
Attorneys
Demarco Tempo
Phillip Daniel Comorski — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent