No. 20-5178
Jimmy Fernetus v. United States
Response WaivedIFP
Tags: cruel-and-unusual-punishment district-court eighth-amendment executive-branch executive-power legislative-branch legislative-power minimum-mandatory-sentence separation-of-powers
Latest Conference:
2020-09-29
Question Presented (from Petition)
1. Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum mandatory prison sentence?
2. Whether the Petitioner's 40-year minimum mandatory sentence for armed drug trafficking violates the Eighth Amendment's prohibition on cruel and unusual punishment?
Question Presented (AI Summary)
Whether the separation of powers doctrine prohibits the legislative and executive branches from forcing a district court judge to impose a minimum mandatory prison sentence?
Docket Entries
2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-04
Waiver of right of respondent United States of America to respond filed.
2020-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2020)
Attorneys
Jimmy Fernetus
Sean M. Wagner — Wagner & Wagner, P.A., Petitioner
United States of America
Jeffrey B. Wall — Acting Solicitor General, Respondent