No. 23-6097

Montrez Duncan v. United States

Lower Court: Sixth Circuit
Docketed: 2023-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and sentence on a count that was deemed unconstitutional, it resentences a defendant to an equally long total sentence by increasing the sentences on the counts that remain?

Question Presented (OCR Extract)

QUESTION PRESENTED Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and sentence on a count that was deemed unconstitutional, it resentences a defendant to an equally long total sentence by increasing the sentences on the counts that remain? i

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States to respond filed.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)

Attorneys

Montrez Duncan
Melissa Martin SalinasFederal Appellate Litigation Clinic, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent