No. 22-5012
Kielan Brett Franklin v. United States
Response WaivedIFP
Tags: crime-of-violence due-process fifth-amendment guideline-range hearsay hearsay-statements hobbs-act sentencing sentencing-guidelines substantive-reliability
Latest Conference:
2022-09-28
Question Presented (from Petition)
(1) Is substantive reliability required under the due process clause of the Fifth Amendment to the Constitution of the United States when a district court relies on hearsay statements to enhance a person's sentencing Guideline range.
(2) Is aiding and abetting Hobbs Act robbery, 18 U.S.C. § 1951, a "crime of violence," 18 U.S.C. § 924(c) meaning that it "has as an element the use, attempted use, or threatened use of physical force against the person or property of another," id. 18 U.S.C. § 924(c)(3)(A).
Question Presented (AI Summary)
Is substantive reliability required under the due process clause when a district court relies on hearsay statements to enhance a person's sentencing Guideline range?
Docket Entries
2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-14
Waiver of right of respondent United States of America to respond filed.
2022-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)
2022-04-11
Application (21A597) granted by Justice Kagan extending the time to file until June 23, 2022.
2022-04-06
Application (21A597) to extend the time to file a petition for a writ of certiorari from April 24, 2022 to June 23, 2022, submitted to Justice Kagan.
Attorneys
Kielan Franklin
Dwight Schulte — Schulte Law Firm P.C., Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent