No. 22-6443

Daquan Madrid Pridgen v. United States

Lower Court: Fourth Circuit
Docketed: 2023-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process rule-of-lenity sentencing sentencing-guidelines sixth-amendment statutory-interpretation structural-error
Key Terms:
DueProcess FifthAmendment CriminalProcedure Privacy
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the district court committed structural error by finding that the sentence for a violation of 18 U.S.C. § 2113(e) should be 10 years to life imprisonment, where said statute appears to contemplate a sentence of 10 to 25 years unless death results, and whether the Fourth Circuit erred in affirming the petitioner's life sentence by applying a questionable 'default rule' rather than the rule of lenity

Question Presented (OCR Extract)

QUESTION PRESENTED I. WHETHER THE DISTRICT COURT COMMITTED STRUCTURAL ERROR : BY FINDING THAT THE SENTENCE FOR A VIOLATION OF 18 U.S.C. § 2113(e) SHOULD BE 10 YEARS TO LIFE IMPRISONMENT, WHERE SAID : STATUTE APPEARS TO CONTEMPLATE A SENTENCE OF 10 TO 25 | YEARS UNLESS DEATH RESULTS, AND WHETHER THE FOURTH CIRCUIT ERRED IN AFFIRMING THE PETITIONER'S LIFE SENTENCE BY APPLYING A QUESTIONABLE “DEFAULT RULE” RATHER THAN : THE RULE OF LENITY. : ll. WHETHER THE FIFTH AND SIXTH AMENDMENT CONSTITUTIONAL i RIGHTS OF A DEFENDANT WHO CHOSE TO REPRESENT HIMSELF WERE VIOLATED WHERE HE WAS CONTINUALLY ADVISED THAT THE PENALTY FOR A VIOLATION OF 18 U.S.C. § 2113(e) WAS 10 TO 25 i YEARS, AND THEN, AFTER VERDICT, IT WAS DETERMINED THAT THE MAXIMUM SENTENCE WAS LIFE IMPRISONMENT, AND A LIFE SENTENCE WAS IMPOSED. | | | Al ‘ | i : | ii

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2023)

Attorneys

Daquan Madrid Pridgen
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent