No. 22-6908

Eduardo Guadalupe Melendrez-Soberanes v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
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
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'NealO'Neal Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent