No. 20-8310

Kenrick Brathwaite v. United States

Lower Court: Second Circuit
Docketed: 2021-06-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-rule circuit-split controlled-substance controlled-substances criminal-law drug-conspiracy jury-instructions jury-verdict sentencing sentencing-exposure statutory-interpretation statutory-penalties
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. What is the statutory maximum sentence for a conspiracy conviction under 21 U.S.C. §§ 963 or 846, where the jury has declined to make any specific finding as to the type or weight of the controlled substance involved?

Question Presented (AI Summary)

What is the statutory maximum sentence for a conspiracy conviction under 21 U.S.C. §§ 963 or 846, where the jury has declined to make any specific finding as to the type or weight of the controlled substance involved?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-23
Waiver of right of respondent United States to respond filed.
2021-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Kenrick Brathwaite
Matthew Whitney BrissendenMatthew W. Brissenden, P.C., Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent