No. 22-5979

Demetrice R. Devine and Brandon Jowan Mangum v. United States

Lower Court: Fourth Circuit
Docketed: 2022-11-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness
Key Terms:
FifthAmendment
Latest Conference: 2023-02-17 (distributed 2 times)
Question Presented (AI Summary)

Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all counts violated double jeopardy, and are the Petitioners entitled to new sentencing hearings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all counts violated double jeopardy, and are the Petitioners entitled to new sentencing hearings? 2. Should this Court find that the availability of sentencing enhancements does not warrant maximum consecutive sentences imposed on the Petitioners on all counts, and were the sentences imposed substantively unreasonable under the totality of the facts and circumstances of this case?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-02-02
Reply of petitioners Demetrice R. Devine, et al. filed. (Distributed)
2023-01-18
Brief of respondent United States in opposition filed.
2022-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2023.
2022-12-13
Motion to extend the time to file a response from December 19, 2022 to January 18, 2023, submitted to The Clerk.
2022-11-17
Response Requested. (Due December 19, 2022)
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-08
Waiver of right of respondent United States to respond filed.
2022-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2022)

Attorneys

Demetrice Devine, et al.
Eugene E. Lester IIILester Law, Petitioner
Eugene E. Lester IIILester Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent