No. 18-7360

Peter Mathis, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2019-01-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeals appellate-review circuit-court criminal-procedure double-jeopardy due-process final-judgment grand-jury insufficient-evidence sentencing sentencing-review statutory-interpretation
Key Terms:
FifthAmendment
Latest Conference: 2019-03-29 (distributed 2 times)
Question Presented (from Petition)

Did Congress' enactment of 18 USC § 3742 (a), allow for the review of an otherwise final sentence, if a defendant could showaviOlatiôn ofi1aw?

Did the Sixth Circuit act as a Thirteenth Juror, and rule in contradiction to established law of the Circuits, in not -' ordering that acquittal be entered. After reversing a single count Indictment solely for Insufficient Evidence?

Can the United States Attorney s by-pass the Grand. Jury Indictment Process,numerous Federal Provisions,and Strip a Defendant of his judgment of acquittal and retry?

Question Presented (AI Summary)

Did Congress' enactment of 18 USC § 3742(a) allow for the review of an otherwise final sentence if a defendant could show a violation of law?

Docket Entries

2019-04-01
Rehearing DENIED.
2019-03-13
DISTRIBUTED for Conference of 3/29/2019.
2019-02-26
Petition for Rehearing filed.
2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent United States to respond filed.
2018-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)

Attorneys

Peter Mathis
Peter Mathis Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent