No. 23-5540
Michael Rinaldi v. United States
Response WaivedIFP
Tags: 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment
Latest Conference:
2023-10-06
Question Presented (from Petition)
1. ) Whether the fifth and sixth amendments prohitbit a ferderal court from basing a criminal
defendants sentence on conduct for which a jury has acquitted the defendant?
2. ) Was teh enhancement for aquitted conduct unconstitutionally applied to Rinaldi?
Question Presented (AI Summary)
Whether the use of acquitted conduct sentencing violates the Due Process Clause and the Sixth Amendment right to a jury trial
Docket Entries
2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-11
Waiver of right of respondent United States to respond filed.
2023-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2023)
Attorneys
Michael Rinaldi
Michael Rinaldi — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent