No. 23-5434

Lamar Victor Moncrieffe v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment
Latest Conference: 2023-10-06
Question Presented (from Petition)

Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement on conduct for which a jury has acquitted the defendant?

Question Presented (AI Summary)

Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement on conduct for which a jury has acquitted the defendant?

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)

Attorneys

Lamar Victor Moncrieffe
Bernardo LopezFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent