No. 19-7294
Mohammed Kwaning v. United States
Response WaivedIFP
Tags: apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement
Latest Conference:
2020-02-21
Question Presented (from Petition)
Whether the Government officials conduct violated constitutional rights? where;Petitioner's
(a) The District Court failed to disclose material evidence favorable to Petitioner and upon request, specifically the Audio Recording of the September 26, 2017 motion hearing.
(b) The District Court admitted testimonial hearsay of a non-testifying Co-Defendant in a joint trial.
(c) The sentencing Judge enhanced Petitioner's sentence, based upon a preponderance of the evidence after a jury trial. Thus alleyne and apprendi error exist.
Question Presented (AI Summary)
Whether the Government officials conduct violated Petitioner's constitutional rights?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondent United States to respond filed.
2020-01-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)
Attorneys
Mohammed Kwaning
Mohammed Kwaning — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent