No. 23-5605

Alfred John McDonald v. United States

Lower Court: Fifth Circuit
Docketed: 2023-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history drug-quantity due-process evidence-standard hemp marijuana procedural-fairness relevant-conduct
Key Terms:
DueProcess
Latest Conference: 2023-10-13
Question Presented (AI Summary)

Whether McDonald's right to due process was violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether McDonald’s right to due process was violated when the drug quantity attributed to McDonald was based in part on vague ledgers, unrebutted evidence showed McDonald sold both marijuana and hemp, and the Government introduced zero evidence to show the amounts listed on the ledgers were marijuana rather than hemp? 2. Whether McDonald’s right to due process was violated when the drug quantity attributed to McDonald was based in part on a transaction in Oregon about which the Government introduced no evidence to show McDonald had control or involvement? 3. Whether McDonald’s right to due process was violated when his criminal history level was drastically increased as a result of purported relevant conduct, when the existence and relevant nature of such conduct was not supported by the evidence? 1

Docket Entries

2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-09-26
Waiver of right of respondent United States to respond filed.
2023-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2023)

Attorneys

Alfred John McDonald
Cheri Christine ThomasLewis Thomas Law PC, Petitioner
Cheri Christine ThomasLewis Thomas Law PC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent