No. 19-8111
Todd James Broxmeyer v. L. Ray Ormond, Warden
Response WaivedIFP
Tags: acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment
Latest Conference:
2020-04-24
Question Presented (from Petition)
Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i.e. acquitted conduct or never lost, i.e. dismissed and uncharged conduct, carrying with it all the protections of the Fifth and Sixth Amendments until a final sentence is rendered?
Question Presented (AI Summary)
Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i.e. acquitted conduct or never lost, i.e. dismissed and uncharged conduct, carrying with it all the protections of the Fifth and Sixth Amendments until a final sentence is rendered?
Docket Entries
2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-01
Waiver of right of respondent L. Ray Ormond, Warden to respond filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)
Attorneys
L. Ray Ormond, Warden
Noel J. Francisco — Solicitor General, Respondent
Todd J. Broxmeyer
Todd J. Broxmeyer — Petitioner