No. 22-7559

Brenda Sensing and Dennis Sensing v. United States

Lower Court: Fifth Circuit
Docketed: 2023-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bearden-v-georgia due-process fifth-amendment restitution-collection right-to-counsel show-cause-hearing sixth-amendment
Key Terms:
DueProcess FifthAmendment Immigration
Latest Conference: 2023-06-08
Question Presented (from Petition)

There may be no other federal district court in the county that holds "show cause"
hearings to collect restitution where the judge itself prosecutes the defendants.
Defendants are not appointed counsel for these hearings. The Sixth Amendment
guarantees a defendant the right to counsel at critical proceedings or at a point where
the defendant faces a potential loss of liberty. The judge, at these show cause hearings,
assumes the role of prosecutor and judge, interrogating the defendants. The Fifth
Amendment guarantees a defendant due process of law which includes the right to a
fair and impartial tribunal and proper notice of a hearing.

At the end of the show cause hearing, the district court enters a binding order
that modifies restitution special conditions and requires defendants' compliance. If the
defendants do not comply, a revocation proceeding is initiated.

With these cornerstone rights in mind, the questions presented are:

1. Can a district court initiate restitution collection proceedings or is collection the
sole responsibility of the Attorney General pursuant to 18 U.S.C. § 3612(c)?

2. Does the right to counsel attach at a "show cause" hearing to collect restitution
where the district court assumes the role of prosecutor and judge?

3. Does a defendant have the right to due process and to not incriminate themselves
through sworn testimony at "show cause" restitution collection hearings?

4. Is Bearden v. Georgia, 461 U.S. 660 (1983) violated when a defendant is making
consistent, monthly payments towards restitution, and then required to make
additional substantial contributions (i.e., selling their vehicles without owning title)?

Question Presented (AI Summary)

Can a district court initiate restitution collection proceedings?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-22
Waiver of right of respondent United States to respond filed.
2023-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2023)

Attorneys

Brenda Sensing, et al.
Merrill NordstromFederal Public Defender for Northern Dist. of MS, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent