No. 23-6808

Joseph Michael King, aka Joey King v. United States

Lower Court: Fourth Circuit
Docketed: 2024-02-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof circuit-split criminal-procedure due-process non-indigent sentencing sentencing-enhancement special-assessment statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether the Government should bear the burden of proving that a defendant is 'non-indigent' under 18 U.S.C. § 3014(a) before the district court imposes a $5000 special assessment

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Under 18 U.S.C. § 3014(a), defendants convicted of certain sexual offenses must be assessed a $5000 special assessment if one other condition is met — the district court finds that they are “non-indigent.” The question presented in this Petition is whether the Government should bear the burden of proving that a defendant is “non-indigent,” as it does with any other fact that provides a basis for enhancing a defendant’s sentence. -1 II.

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-27
Waiver of right of respondent United States of America to respond filed.
2024-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2024)

Attorneys

Joseph King
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent