No. 22-6815
David E. Merry v. United States
Relisted (7)IFP
Tags: acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment
Key Terms:
FifthAmendment DueProcess
FifthAmendment DueProcess
Latest Conference:
2023-06-29
(distributed 7 times)
Question Presented (AI Summary)
Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury has acquitted the defendant?
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant?
Docket Entries
2023-06-30
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-22
DISTRIBUTED for Conference of 5/25/2023.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-02
Reply of petitioner David E. Merry filed. (Distributed)
2023-04-19
Brief of respondent United States in opposition filed.
2023-03-15
Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2023.
2023-03-14
Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk.
2023-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2023)
Attorneys
David E. Merry
Sheryl Joyce Lowenthal — Sheryl J. Lowenthal, Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent