No. 20-5704

Leonard Borden v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing
Latest Conference: 2020-10-09
Question Presented (from Petition)

does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and the guideline application within the PSR or does the Government have an obligation at a sentencing hearing to establish such facts by a preponderance.

Question Presented (AI Summary)

does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and the guideline application within the PSR or does the Government have an obligation at a sentencing hearing to establish such facts by a preponderance

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-21
Waiver of right of respondent United States to respond filed.
2020-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2020)

Attorneys

Leonard Borden
Denton Bryan LessmanLaw Office of Denton B. Lessman, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent