Demetrius D. Bibbs v. United States
AdministrativeLaw Punishment Privacy
Whether there is insufficient evidence to convict Mr. Bibbs of heroin distribution conspiracy and firearm possession by a convicted felon, and whether the convictions were against the manifest weight of the evidence
QUESTIONS PRESENTED I. Whether there is insufficient evidence for a rational trier of fact to convict Mr. Bibbs of conspiracy to distribute heroin and possession of a firearm by a convicted felon, and whether the convictions were against the manifest weight of the evidence. II. Whether the proof at trial of multiple conspiracies, rather than the single conspiracy alleged in Count One of the second superseding indictment, constitutes a fatal variance between the proof at trial and the indictment that requires Mr. Bibbs’ conspiracy conviction be vacated. III. Whether the verdicts are so inconsistent as to be arbitrary or irrational. IV. Whether the sentence imposed by the trial court is procedurally and substantively unreasonable and excessive. RELATED CASES Pursuant to Supreme Court Rule 14.1(b)(iii), Petitioner submits the following cases which are directly related to this Petition: United States v. Alim Turner Sixth Circuit Case No. 22-5046 (decided August 2, 2024) United States v. Ronald Turner Sixth Circuit Case No. 22-5107 (decided August 2, 2024) United States v. Kedaris Gilmore Sixth Circuit Case No. 22-5131 (decided August 2, 2024) United States v. Ushery Stewart Sixth Circuit Case No. 22-5681 (decided August 2, 2024) United States v. Mahlon Prater, Jr. Sixth Circuit Case No. 22-5599 (decided August 2, 2024) i