No. 22-6434

Elvis Harold Reyes v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-12-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-rule apprendi-v-new-jersey blakely-v-washington criminal-restitution fifth-amendment jury-determination restitution sentencing-fact sixth-amendment southern-union-co-v-united-states
Latest Conference: 2023-02-17
Question Presented (from Petition)

Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant?

Question Presented (AI Summary)

Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2023)

Attorneys

Elvis Harold Reyes
Meghan CollinsOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent