No. 19-8387

Robert C. Caldwell v. United States

Lower Court: Eighth Circuit
Docketed: 2020-05-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: carjacking constitutional-challenge constitutional-law criminal-sentencing double-jeopardy enhanced-penalty evidentiary-finding firearm public-choice-clause sentencing statutory-interpretation two-strike-statute
Latest Conference: 2020-05-28
Question Presented (from Petition)

The Government seehs to have defendants sentenced
under both the CarJacking
statute and the firearm statute.
The issue befire the Court is whether sentencing
defendants
inder both statutes violates the Dauble Jeopardy
Clause of
he fifth Amendment?
defined the crime of Car Jacking and set
Congress
the
enalty in 1992. The CarJacking
statute, enacted well after the
mendment of the frear statute, does not carry an enhanced
enaty or the use of a frear as the ue of a frea is
element of the offense itself?

Question Presented (AI Summary)

Whether sentencing defendants under both the Carjacking Statute and the Firearm Statute violates the Double Jeopardy Clause

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-06
Waiver of right of respondent United States to respond filed.
2020-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2020)

Attorneys

Robert C. Caldwell
Robert C. Caldwell — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent