No. 19-7336
Francisco Pena, Jr. v. United States
Response WaivedIFP
Tags: criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct
Latest Conference:
2020-02-21
Question Presented (from Petition)
imposing a sentence, based on a defendant's uncharged conduct found by the
judge by a preponderance of the evidence, higher than the sentence the judge
would have imposed absent consideration of that uncharged conduct?
Question Presented (AI Summary)
Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judge would have imposed absent consideration of that uncharged conduct?
Docket Entries
2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Waiver of right of respondent United States to respond filed.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2020)
Attorneys
Francisco Pena, Jr.
Randall Harrison Nunn — Randall H. Nunn, Attorney at Law, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent