No. 23-7243

Nathaniel Blayn Becker v. United States

Lower Court: Fourth Circuit
Docketed: 2024-04-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process explosive-devices mental-illness obstruction-of-justice psychotic-disorder right-to-testify sentencing-enhancement trial-testimony
Key Terms:
DueProcess
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Whether the obstruction of justice enhancement for 'false' trial testimony by the defendant violates the right to testify when the court did not make a finding the allegedly false testimony was willful and did not consider the defendant's psychotic disorder diagnosis' impact on the testimony?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the obstruction of justice enhancement for “false” trial testimony by the defendant violates the right to testify when the court did not make a finding the allegedly false testimony was willful and did not consider the defendant’s psychotic disorder diagnosis’ impact on the testimony? 2. Whether the court’s application of the base offense level for explosive devices that create a substantial risk of death or serious bodily injury violates due process where the unlit, “not very energetic” devices could at most simply melt and not explode? i

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent United States to respond filed.
2024-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2024)

Attorneys

Nathaniel Becker
Richard Wallace WestonWeston Law, Petitioner
Richard Wallace WestonWeston Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent