No. 23-5672

Michael Lee Mac Cleary v. United States

Lower Court: Ninth Circuit
Docketed: 2023-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-history criminal-procedure defendant-rights due-process judicial-accuracy sentencing townsend-v-burke uncounseled-defendants
Key Terms:
DueProcess
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is limited to uncounseled defendants and errors about their criminal histories or applies to any assumption or fact cited as a basis of a sentence without giving the defendant a chance to object

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is limited to uncounseled defendants and errors about their criminal histories or applies to any assumption or fact cited as a basis of a sentence without giving the defendant a chance to object. i PARTIES,

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-03
Waiver of right of respondent United States of America to respond filed.
2023-09-26

Attorneys

Michael Lee Mac Cleary
Daniel Joseph Yadron Jr.Federal Defenders of San Diego, Inc., Petitioner
Daniel Joseph Yadron Jr.Federal Defenders of San Diego, Inc., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent