No. 22-7673

James Michael Wells v. United States

Lower Court: Ninth Circuit
Docketed: 2023-05-31
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: anonymous-jury apprendi-rights criminal-procedure due-process jury-selection jury-trial public-trial restitution-order sixth-amendment
Key Terms:
SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether a criminal defendant has a Sixth Amendment right to a public jury

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a criminal defendant has a Sixth Amendment right to a public jury, as opposed to an “anonymous” jury, in a federal criminal trial, and, if so, whether a trial court can compromise that right without making any findings whatsoever. 2. Whether the Fifth and Sixth Amendment rights established by Apprendi v. New Jersey, 530 U.S. 466 (2000) and its progeny apply to a mandatory criminal restitution order; alternatively, whether a jury trial is required for a mandatory criminal restitution order under the Seventh Amendment. i STATEMENT OF RELATED CASES . United States v. James Michael Wells, No. 13CR08-SLG, U.S. District Court for the District of Alaska. Judgment entered April 22, 2021. ° United States v. James Michael Wells, Nos. 14-30146, 15-30036, U.S. Court of Appeals for the Ninth Circuit. Judgment entered January 11, 2018. ° United States v. James Michael Wells, Nos. 20-30009, 21-30121, U.S. Court of Appeals for the Ninth Circuit. Judgment entered December 14, 2022, rehearing and rehearing en banc denied February 23, 2023. ii

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-06-05
Waiver of right of respondent United States to respond filed.
2023-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2023)

Attorneys

James Wells
Benjamin Lee ColemanBenjamin L. Coleman Law PC, Petitioner
Benjamin Lee ColemanBenjamin L. Coleman Law PC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent