No. 23-6119

Amanda Lyn Walker v. United States

Lower Court: Tenth Circuit
Docketed: 2023-11-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-abuse constitutional-vagueness criminal-statute cruel-and-unusual-punishment due-process enabling-child-abuse judicial-discretion sentencing-range statutory-interpretation unconstitutionally-vague
Key Terms:
AdministrativeLaw DueProcess Punishment Privacy
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether a criminal statute with a sentencing range of not exceeding one year imprisonment in a county jail or not exceeding life imprisonment at the Department of Corrections or a fine of not less than five hundred dollars nor more than five thousand dollars, for all acts of enabling child abuse, is unconstitutionally vague

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a criminal statute with a sentencing range of not exceeding one year imprisonment in a county jail or not exceeding life imprisonment at the Department of Corrections or a fine of not less than five hundred dollars nor more than five thousand dollars, for all acts of enabling child abuse, is unconstitutionally vague. 2. Whether the Tenth Circuit’s statutory interpretation of an Oklahoma statute, declaring all acts of enabling child abuse as felony offenses punishable by life imprisonment, in disregard of the principle of disproportionality, intrudes upon the legislature’s role and violates the Constitution’s ban on cruel and unusual punishments. 3. Whether the Constitution allows a district judge to increase a defendant’s sentence based on facts the judge finds without the aid of a jury or the defendant’s consent. i

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Waiver of right of respondent United States to respond filed.
2023-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2023)
2023-10-20
Application (23A359) granted by Justice Gorsuch extending the time to file until November 21, 2023.
2023-10-10
Application (23A359) to extend the time to file a petition for a writ of certiorari from October 22, 2023 to December 21, 2023, submitted to Justice Gorsuch.

Attorneys

Amanda Lynn Walker
Katayoun Azizpour DonnellyAzizpour Donnelly LLC, Petitioner
Katayoun Azizpour DonnellyAzizpour Donnelly LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent