No. 22-5012

Kielan Brett Franklin v. United States

Lower Court: Ninth Circuit
Docketed: 2022-06-30
Status: Denied
Type: IFP
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 SchulteSchulte Law Firm P.C., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent