No. 22-7626

Tynan Anthony Checchi v. United States

Lower Court: Sixth Circuit
Docketed: 2023-05-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cross-examination fifth-amendment miranda-v-arizona self-incrimination sentencing unsworn-allocution
Latest Conference: 2023-06-22
Question Presented (from Petition)

1) Was Mr. Checchi's Fifth Amendment right against self-incrimination violated when a district court cross-examined him during his unsworn allocution at his sentencing hearing, and then applied the extracted testimony to Mr. Checchi's sentencing decision?

2) Alternatively, does cross-examination of a criminal defendant during an unsworn allocution violate the right to allocution?

Question Presented (AI Summary)

Was Mr. Checchi's Fifth Amendment right against self-incrimination violated?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-30
Waiver of right of respondent United States to respond filed.
2023-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2023)

Attorneys

Tynan Anthony Checchi
Matthew Charles GulottaThe Gulotta Firm, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent