No. 19-8400
Roy Allen Nichols v. United States
Response WaivedIFP
Tags: appellate-review constitutional-law court-of-appeals criminal-defendant criminal-procedure due-process factfinding fifth-amendment sentencing sentencing-enhancement
Latest Conference:
2020-05-28
Question Presented (from Petition)
1. Whether a Court of Appeals violates a criminal defendant's right to Due Process, guaranteed by the Fifth Amendment to the United States Constitution, by depriving the defendant of the opportunity to be heard, when it improperly and sua sponte acts as a factfinder to justify the application of a sentencing enhancement.
Question Presented (AI Summary)
Whether a Court of Appeals violates a criminal defendant's right to Due Process
Docket Entries
2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-07
Waiver of right of respondent United States to respond filed.
2020-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 4, 2020)
Attorneys
Roy Allen Nichols
Steven Douglas Jaeger — The Jaeger Firm, PLLC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent