Is substantive reliability required under the due process clause when a district court relies on hearsay statements to enhance a person's sentencing Guideline range?

QUESTIONS PRESENTED (1) _ Is substantive reliability required under the due process clause of the Fifth Amendment to the Constitution of the United States when a district court relies on hearsay statements to enhance a person’s sentencing Guideline range. (2) Is aiding and abetting Hobbs Act robbery, 18 U.S.C. § 1951, a “crime of violence,” 18 U.S.C. § 924(c) meaning that it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” id. 18 U.S.C. § 924(c)(3)(A). i RULE 14.1(b) CERTIFICATE Petitioner Certifies as follows: (i) Parties. The parties who appeared before the United States District Court for the District of Montana, Helena Division in the proceedings that resulted in the judgment from which a writ of certiorari is sought were Petitioner Kielan Brett Franklin and Respondent the United States of America. Case 6:19-cr-06-SEH. Gerald Allen Hiler, Arielle Rose Cowser, and Morgan Victor Pitsch were codefendants in the prosecution. (11) |