No. 22-6908
Eduardo Guadalupe Melendrez-Soberanes v. United States
Tags: burden-of-proof case-agent-testimony criminal-procedure drug-quantity drug-trafficking due-process evidence fifth-circuit photographic-evidence sentencing sentencing-guidelines
Key Terms:
DueProcess JusticiabilityDoctri
DueProcess JusticiabilityDoctri
Latest Conference:
2023-03-31
Question Presented (from Petition)
Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process rights.
Whether a district court must err on the side of caution in choosing between estimated weights of unseized drugs.
Question Presented (AI Summary)
Whether the Fifth Circuit erred in affirming a district court's reliance on a case agent's approximation of the weight of unseized cocaine based primarily on photographs of the packaged cocaine
Docket Entries
2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-08
Waiver of right of respondent United States to respond filed.
2023-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)
Attorneys
Eduardo Melendrez-Soberanes
Shane O'Neal — O'Neal Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent