No. 22-6813

Joshua Glowacki v. United States

Lower Court: Sixth Circuit
Docketed: 2023-02-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights
Key Terms:
CriminalProcedure
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order?

Question Presented (from Petition)

QUESTIONS PRESENTED After Petitioner pled guilty to a child pornography offense the district court awarded restitution of $10,000 to one victim, over Petitioner’s objection. Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order? Does probable cause exist to issue a search warrant for evidence of possession of child pornography when the affidavit for search warrant does not allege that the defendant downloaded child pornography or even accessed a site providing child pornography? 1 STATEMENT OF

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-23
Waiver of right of respondent United States to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2023)

Attorneys

Joshua Glowacki
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent