No. 18-8963

Jose Cobian v. Illinois

Lower Court: Illinois
Docketed: 2019-04-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 730-ilcs-5-5-9-1-1 apprendi constitutional-challenge criminal-fines due-process guilty-plea sentencing southern-union-co-v-united-states standing statutory-interpretation supreme-court-precedent
Latest Conference: 2019-05-30
Question Presented (from Petition)

1. Whether the U.S. Supreme Court's holding in Southern Union Co. v. United States, 567 U.S. •-. has clarified that criminal fines are subject to the rule announced in Apprendi, effectively rendering 730 ILCS 5/5-9-1.1 (Drug "Street Value" fine statute) unconstitutional.

2. Whether the U.S.Supreme Court's holding in Class v. United States, 583 U. S. - has determined that a guilty plea does not prevent one from challenging a statute without withdrawing a plea.

Question Presented (AI Summary)

Whether the U.S. Supreme Court's holding in Southern Union Co. v. United States has clarified that criminal fines are subject to the rule announced in Apprendi, effectively rendering 730 ILCS 5/5-9-1.1 (Drug 'Street Value' fine statute) unconstitutional on its face

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent Illinois to respond filed.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2019)

Attorneys

Illinois
Michael Marc Glick — Respondent
Jose Cobian
Jose Cobian — Petitioner