No. 18-6822
Mark Anthony Brown v. United States
Tags: criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2019-03-22
(distributed 2 times)
Question Presented (from Petition)
The plain language of 21 U.S.C. § 851 requires the United States to, "before trial," file an "information" if it intends to seek enhanced statutory penalties under 21 U.S.C. § 801 et al. The Sixth Circuit has read an exception into this pretrial notice requirement in cases where the United States is "surprised" at trial by a jury verdict for a lesser included misdemeanor offense. Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial?
Question Presented (AI Summary)
Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial?
Docket Entries
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-07
Reply of petitioner Mark Anthony Brown filed. (Distributed)
2019-02-19
Brief of respondent United States in opposition filed.
2019-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
2019-01-10
Motion to extend the time to file a response from January 17, 2019 to February 19, 2019, submitted to The Clerk.
2018-12-18
Response Requested. (Due January 17, 2019)
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)
Attorneys
Mark Anthony Brown
Kevin Michael Schad — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent