No. 18-8599

Antwon D. Jenkins v. United States

Lower Court: Seventh Circuit
Docketed: 2019-03-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bail bail-reform-act due-process habeas-corpus liberty-interest post-verdict-bail resentencing sentencing stare-decisis statutory-right statutory-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (from Petition)

DOES A PETITIONER, AFTER BEING FOUND GUILTY BY A JURY, HAVE A STATUTORY DUE PROCESS RIGHT TO POST-VERDICT BAIL, AND TO BE TREATED AS A DEFENDANT BEING SENTENCED FOR THE FIRST TIME, WHEN HIS SENTENCE HAS BEEN VACATED, REMANDED, AND SET FOR RESENTENCING, PURSUANT TO THE BAIL REFORM ACT OF 1984?

DOES A COURT OF APPEALS VIOLATE A PETITIONER'S RIGHT TO DUE PROCESS, BY REFUSING TO ADHERE TO CIRCUIT PRECEDENT (DOCTRINE OF STARE DECISIS), AND ALLOW AN UNAUTHORIZED STAFF MEMBER TO DENY THE PETITIONER'S MOTION TWICE?

Question Presented (AI Summary)

Does a petitioner have a statutory due process right to post-verdict bail and to be treated as a defendant being sentenced for the first time when his sentence has been vacated, remanded, and set for resentencing?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-04
Waiver of right of respondent United States to respond filed.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Antwon Jenkins
Antwon D. Jenkins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent