No. 23-5764
Kevin Lynn Tucker v. United States
Response WaivedIFP
Tags: criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2023-11-09
Question Presented (AI Summary)
Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed 'related' charges created an issue implicating substantive due process and 'substantive reasonableness'
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW 1. Whether the District Court’s failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed “related” charges created an issue implicating substantive due process and “substantive reasonableness”, such that the Eighth Circuit should have reviewed the issue rather than finding it waived as a procedural issue under petitioner’s plea agreement. ii
Docket Entries
2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)
Attorneys
Kevin Tucker
Jeremy B. Lowrey — Jeremy B Lowrey, Attorney at Law, Petitioner
Jeremy B. Lowrey — Jeremy B Lowrey, Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent