No. 19-6005

Robert L. Malone v. United States

Lower Court: Seventh Circuit
Docketed: 2019-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history drug-quantity due-process jury-instructions mandatory-minimum methamphetamine-distribution prosecutorial-discretion sentencing sentencing-guidelines supervisory-power
Latest Conference: 2019-11-08
Question Presented (from Petition)

1.) Did the lower courts err when they imposed and affirmed Mr. Malone's sentence based on overreliance on his Criminal History?

2.) Is Mr. Malone's judgment void because the District Court removed the element of drug quantity from the jury by failing to instruct on the meaning of "mixture or substance containing a detectable amount of methamphetamine"?

3.) Where multiple additional errors affected petitioner's conviction and/or sentence in the courts below, should this Court exercise it's supervisory power to vacate his conviction and sentence?

Question Presented (AI Summary)

Did the lower courts err when they imposed and affirmed Mr. Malone's sentence based on overreliance on his Criminal-History?

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Waiver of right of respondent United States to respond filed.
2019-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2019)

Attorneys

Robert Malone
Robert L. Malone — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent