No. 22-5836

Laquan Kyle Duane Shakespeare v. United States

Lower Court: Tenth Circuit
Docketed: 2022-10-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3583k consecutive-sentences constitutional-challenge double-jeopardy due-process mandatory-minimum marks-doctrine marks-v-united-states sentencing-enhancement statutory-interpretation united-states-v-haymond
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment is valid

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Mr. Shakespeare’s five-year mandatory minimum revocation term of imprisonment imposed pursuant to 18 U.S.C. § 3583(k) is valid in light of United States v. Haymond, _U.S._, 139 S.Ct. 2369, 2385 (2019), which declared the statutory provision unconstitutional. 2. Whether, under Marks v. United States, 430 U.S. 188 (1977), Justice Breyer’s Concurrence is the controlling portion of Haymond because it represents the narrowest holding in which a majority of this Court agreed. 3. Whether Mr. Shakespeare, in contrast to defendant in Haymond, additionally incurred a double jeopardy violation because he was convicted of the substantive offense underlying the § 3583(k) revocation and received a consecutive sentence of 293 months imprisonment for that offense. ii

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Waiver of right of respondent United States to respond filed.
2022-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)
2022-08-30
Application (22A189) granted by Justice Gorsuch extending the time to file until October 11, 2022.
2022-08-26
Application (22A189) to extend the time to file a petition for a writ of certiorari from September 11, 2022 to November 10, 2022, submitted to Justice Gorsuch.

Attorneys

Laquan Kyle Duane Shakespeare
Robert Spencer JacksonAttorney at Law, Petitioner
Robert Spencer JacksonAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent