No. 21-222

Ferrell Walker v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-08-16
Status: Denied
Type: Paid
Response Waived
Tags: 18-usc-3583(k) constitutional-provision double-jeopardy fifth-amendment plain-error sentencing
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Whether, on plain error review, the defendant's right not to be twice put in jeopardy for the same offense under the Double Jeopardy Clause of the Fifth Amendment was violated where, after being convicted of violating the conditions of his supervision and sentenced under 18 U.S.C. § 3583(k), to the 60-month minimum, mandatory term of imprisonment, the defendant was subsequently indicted, tried, convicted, and sentenced for the same offense that gave rise to his conviction for violating the conditions of his supervision, even though his sentence under 18 U.S.C. § 3583(k) was vacated on appeal?

2. Whether, assuming the merit of the defendant's double jeopardy claim, the district court committed plain error?

Question Presented (AI Summary)

Whether the defendant's right not to be twice put in jeopardy for the same offense was violated

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-19
Waiver of right of respondent United States of America to respond filed.
2021-08-09
Petition for a writ of certiorari filed. (Response due September 15, 2021)

Attorneys

Ferrell Walker
Barbara Hamlin AgricolaAgricola Law, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent