No. 22-6265

Sachin Aji Bhaskar v. United States

Lower Court: Second Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cares-act constitutional-rights due-process fifth-amendment remote-sentencing statutory-authority structural-error
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

What is required under the CARES Act for a remote sentencing to comport with a defendant's Fifth Amendment right to due process under the constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED What is required under the CARES Act for a remote sentencing to comport with a defendants Fifth Amendment right to due process under the constitution? Whether a defendant’s Fifth Amendment right to due process was violated by a remote sentencing proceeding that was coerced by the district court, contrary to his interests, and in violation of any statutory authority? Whether the “interests of justice” standard is exacting and case specific, such that a district court may not use the CARES Act exception to the constitutional requirement of in-person presence without making individualized findings? Whether the district court’s decision to proceed to sentencing by videoconference should be reviewed for “structural error”? i

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of right of respondent United States to respond filed.
2022-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Sachin Bhaskar
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent