No. 23-5626

Arun Dhavamani v. United States

Lower Court: Fourth Circuit
Docketed: 2023-09-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review criminal-procedure criminal-prosecution due-process evidentiary-hearing factual-finding federal-jurisdiction manufactured-jurisdiction sentencing
Key Terms:
DueProcess Privacy
Latest Conference: 2023-10-13
Question Presented (AI Summary)

Whether a defendant's right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has already made a factual finding, and used it as a basis for imposing a downward variance sentence, that the Government manufactured jurisdiction in the case

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether a defendant’s right to due process is violated when a Court of Appeals remands a case for additional factfinding after the district court has already made a factual finding, and used it as a basis for imposing a downward variance sentence, that the Government manufactured jurisdiction in the case. -1 II.

Docket Entries

2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-09-22
Waiver of right of respondent United States to respond filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2023)

Attorneys

Arun Dhavamani
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent