No. 23-7775

Edward Treisback v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(e)(3) and was defendant's right to due process violated pursuant to the 5th Amendment to the United States Constitution

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The questions presented are: 1. Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(€)(3) {see In Re Winship, 397 U.S. 358 (1970)} in a supervised release revocation hearing, and was defendant’s right to due process violated pursuant to the 5 Amendment to the United States Constitution pursuant to Rule 32.1(b)(2)(C), Federal Rules of Criminal Procedure {see Morrisey v. Brewer, 408 U.S. 471 (1972) and Gagnon v Scarpelli, 411 U.S. 788 (1973)}. 2 United States v. Edward Treisback, Petition for Certiorari No. INTERESTED PARTIES and RELATED CASES There are no

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-06-26
Waiver of United States of right to respond submitted.
2024-06-26
Waiver of right of respondent United States to respond filed.
2024-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Edward Treisback
Michael H. SaulMichael Saul, Attorney, Petitioner
Michael H. SaulMichael Saul, Attorney, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent