Sachin Aji Bhaskar v. United States
DueProcess FifthAmendment Privacy JusticiabilityDoctri
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?
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