No. 23-6808
Joseph Michael King, aka Joey King v. United States
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
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 Byrne — Federal Pub Defender S. Dist., Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent