No. 23-5764
Kevin Lynn Tucker v. United States
Response WaivedIFP
Tags: criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver
Key Terms:
DueProcess FifthAmendment
DueProcess FifthAmendment
Latest Conference:
2023-11-09
Question Presented (from Petition)
1. Whether the District Court's failure to give credit in sentencing for
state pretrial detention on subsequently nolle prossed "related" charges
created an issue implicating substantive due process and "substantive
reasonableness", such that the Eighth Circuit should have reviewed the
issue rather than finding it waived as a procedural issue under
petitioner's plea agreement.
Question Presented (AI Summary)
Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed 'related' charges created an issue implicating substantive due process and 'substantive reasonableness'
Docket Entries
2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)
Attorneys
Kevin Tucker
Jeremy B. Lowrey — Jeremy B Lowrey, Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent