No. 23-5672
Michael Lee Mac Cleary v. United States
Response WaivedIFP
Tags: circuit-split criminal-history criminal-procedure defendant-rights due-process judicial-accuracy sentencing townsend-v-burke uncounseled-defendants
Latest Conference:
2023-10-27
Question Presented (from Petition)
Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is limited to uncounseled defendants and errors about their criminal histories or applies to any assumption or fact cited as a basis of a sentence without giving the defendant a chance to object.
Question Presented (AI Summary)
Whether the due process right to be sentenced based on accurate information that the Court recognized in Townsend v. Burke, 334 U.S. 736 (1948), is limited to uncounseled defendants and errors about their criminal histories or applies to any assumption or fact cited as a basis of a sentence without giving the defendant a chance to object
Docket Entries
2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-10-03
Waiver of right of respondent United States of America to respond filed.
2023-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2023)
Attorneys
Michael Lee Mac Cleary
Daniel Joseph Yadron Jr. — Federal Defenders of San Diego, Inc., Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent