No. 22-5993

Malik Ross v. United States

Lower Court: Eighth Circuit
Docketed: 2022-11-04
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (10)IFP
Tags: criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness
Key Terms:
FifthAmendment DueProcess CriminalProcedure
Latest Conference: 2023-06-29 (distributed 10 times)
Question Presented (from Petition)

Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasonable doubt, but for which the sentence would be stricken as substantively unreasonable on appeal?

Question Presented (AI Summary)

Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasonable doubt, but for which the sentence would be stricken as substantively unreasonable on appeal?

Docket Entries

2023-06-30
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-20
DISTRIBUTED for Conference of 6/22/2023.
2023-06-12
DISTRIBUTED for Conference of 6/15/2023.
2023-06-05
DISTRIBUTED for Conference of 6/8/2023.
2023-05-30
DISTRIBUTED for Conference of 6/1/2023.
2023-05-22
DISTRIBUTED for Conference of 5/25/2023.
2023-05-15
DISTRIBUTED for Conference of 5/18/2023.
2023-05-09
Rescheduled.
2023-04-25
DISTRIBUTED for Conference of 5/11/2023.
2023-03-27
Rescheduled.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-10
Reply of petitioner Malik Ross filed.
2023-03-01
Brief of respondent United States in opposition filed.
2023-01-17
Motion to extend the time to file a response is granted and the time is further extended to and including March 1, 2023.
2023-01-13
Motion to extend the time to file a response from January 30, 2023 to March 1, 2023, submitted to The Clerk.
2022-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2023.
2022-12-21
Motion to extend the time to file a response from December 29, 2022 to January 30, 2023, submitted to The Clerk.
2022-11-29
Response Requested. (Due December 29, 2022)
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-16
Waiver of right of respondent United States to respond filed.
2022-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2022)
2022-08-28
Application (22A179) granted by Justice Kavanaugh extending the time to file until October 31, 2022.
2022-08-16
Application (22A179) to extend the time to file a petition for a writ of certiorari from September 1, 2022 to October 31, 2022, submitted to Justice Kavanaugh.

Attorneys

Malik Ross
Beverly A. BeimdiekOffice of the Federal Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent