No. 20-7461
David Kendrick v. United States
Response WaivedIFP
Tags: aggregation alleyne-precedent alleyne-v-united-states criminal-procedure drug-conspiracy drug-quantity mandatory-sentence mandatory-sentencing rowe-interpretation threshold-quantity united-states-v-rowe
Latest Conference:
2021-04-16
Question Presented (from Petition)
In applying a mandatory sentence in a drug conspiracy case, does Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151 186 L.Ed.2d 314 (2013), when read in conjunction with United States v. Rowe, 919 F.3d 752 (8d Cir. 2019), require the government to prove that the defendant conspired to actually possess the threshold amount at a given time, rather than rely upon an aggregation of drug quantities over the course of the conspiracy?
Question Presented (AI Summary)
Whether the government must prove the defendant conspired to actually possess the threshold drug amount at a given time, rather than rely on an aggregated drug quantity over the course of the conspiracy
Docket Entries
2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-26
Waiver of right of respondent United States of America to respond filed.
2021-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2021)
Attorneys
David Kendrick
Michael DeMatt — Turin & DeMatt PC, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent