No. 19-7711
John Patrick Vescuso v. United States
Response WaivedIFP
Tags: aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing
Latest Conference:
2020-03-20
Question Presented (from Petition)
When assessing if a defendant was prejudiced by a district court's imposing a sentence greater than the maximum authorized by the charge in the indictment, may a reviewing court base its decision on the weight of trial evidence with respect to an uncharged aggravating sentencing factor (as six circuits have held), or does the imposition of a sentence greater than that authorized by the charge in the indictment require reversal without regard to the trial evidence (as five circuits have held)?
Question Presented (AI Summary)
Whether a sentence greater than the maximum authorized by the charge in the indictment requires reversal without regard to the trial evidence
Docket Entries
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-28
Waiver of right of respondent United States of America to respond filed.
2020-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2020)
2019-12-12
Application (19A660) granted by Justice Kagan extending the time to file until February 17, 2020.
2019-12-05
Application (19A660) to extend the time to file a petition for a writ of certiorari from January 16, 2020 to February 17, 2020, submitted to Justice Kagan.
Attorneys
John Vescuso
Todd W. Burns — Burns and Cohan, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent