No. 24-5339

Seth Elred Perricone v. United States

Lower Court: Fifth Circuit
Docketed: 2024-08-19
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-enhancement sixth-amendment
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2025-01-24 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fifth and Sixth Amendments prohibit sentencing a defendant based on acquitted conduct

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Fifth and Sixth Amendments prohibit a court from basing a defendant’s criminal sentence on past conduct for which a jury had acquitted the defendant.

Docket Entries

2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-06
Reply of Seth Elred Perricone submitted.
2025-01-06
Reply of petitioner Seth Elred Perricone filed. (Distributed)
2025-01-06
Reply of petitioner Seth Perricone filed. (Distributed)
2024-12-23
Brief of United States in opposition submitted.
2024-12-23
Brief of respondent United States in opposition filed.
2024-11-19
Motion to extend the time to file a response is granted and the time is further extended to and including December 23, 2024.
2024-11-18
Motion to extend the time to file a response from November 22, 2024 to December 23, 2024, submitted to The Clerk.
2024-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2024.
2024-10-16
Motion to extend the time to file a response from October 23, 2024 to November 22, 2024, submitted to The Clerk.
2024-09-23
Response Requested. (Due October 23, 2024)
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-04
Waiver of right of respondent United States to respond filed.
2024-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2024)

Attorneys

Seth Elred Perricone
Kristin L. DavidsonFederal Public Defender, Petitioner
Kristin L. DavidsonFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent