No. 22-7906

Lamar McDonald v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-standard criminal-procedure due-process fifth-amendment sentencing sixth-amendment statutory-interpretation sufficiency-of-evidence void-for-vagueness
Latest Conference: 2023-09-26
Question Presented (from Petition)

1)Is Apprendi v. New Jersey Still Good Caselaw?
Are the Lower Courts (Appeals Courts included)
misapplying Apprendi and Mr. McDonald Fifth and Sixth
Amendment to determine if the sufficiency of the evidence
standard of review is correct?

2)Is 18 U.S.C. 3661 unconstitutional under the Void for
Vagueness Clause of the Fifth Amendment?

3)If so Is

Question Presented (AI Summary)

Is Apprendi v. New Jersey Still Good Caselaw?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-05
Waiver of right of respondent United States to respond filed.
2023-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Lamar McDonald
Lamar McDonald — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent