Question Presented (from Petition)
1. Whether the striking of two out of three black veniremembers demonstrates a "pattern of discrimination" as necessary to satisfy the first step of the inquiry pursuant to Batson v. Kentucky, 476 U.S. 79 (1986).
2. Whether the calculation of United States Sentencing Guidelines – which is based on acquitted conduct – violates the Sixth Amendment to the Constitution "as applied" to the Petitioner's case because the sentence imposed by the district court fell above the range permitted based solely on the conduct found beyond a reasonable doubt by the jury (i.e., whether this Court's holding in United States v. Watts, 519 U.S. 148 (1997), is still good law).
Question Presented (AI Summary)
Whether the striking of two out of three black veniremembers demonstrates a 'pattern of discrimination' as necessary to satisfy the first step of the inquiry pursuant to Batson v. Kentucky, 476 U.S. 79 (1986)
2020-04-03
Reply of petitioner Michael J. Baxter filed. (Distributed)
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-16
Brief of respondent United States of America in opposition filed.
2020-02-05
Motion to extend the time to file a response is granted and the time is further extended to and including March 16, 2020.
2020-02-04
Motion to extend the time to file a response from February 14, 2020 to March 16, 2020, submitted to The Clerk.
2020-01-10
Motion to extend the time to file a response is granted and the time is further extended to and including February 14, 2020.
2020-01-09
Motion to extend the time to file a response from January 15, 2020 to February 14, 2020, submitted to The Clerk.
2019-12-12
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
2019-12-11
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2019)