No. 23-6834

Jeremy Lee Sestak v. United States

Lower Court: Tenth Circuit
Docketed: 2024-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2
Latest Conference: 2024-03-28
Question Presented (from Petition)

Can a defendant bring an as-applied petition for modification of the supervised conditions?

Does supervised release conditions as applied invoke Double Jeopardy protections?

Does the inconsistant policy statements found in the U.S.S.G. §4B1.5 and §5D1.2 demonstrate make the "special" conditions of supervised release excessive?

Is the addition of supervised release term a separate and different sentence imposed in a criminal proceeding?

Is §5D1.2, by omitting an offense "not to include the receipt of, the possession of, or the trafficking in child pornography" expressly as defined to include offenses involving a specific victim (e.g. a contact offense/hands on being perpetrated against a minor?

Does the additional "prosecutions" attributed to the original offense implicate Double Jeopardy protections?

Does "any time" under the provisions of 18 §3583 (e)(2) mean just that, or is it only when convenient for the government?

Does the plain language of §3553 expressly, strongly suggest that the conditions of supervised release must meet not only sentencing factors but constitutional protections as well?

Question Presented (AI Summary)

Can a defendant bring an as-applied petition for modification of the supervised conditions?

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent United States to respond filed.
2024-02-05
Application (23A720) granted by Justice Gorsuch extending the time to file until March 31, 2024.
2024-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2024)
2024-01-23
Application (23A720) to extend the time to file a petition for a writ of certiorari from January 31, 2024 to March 31, 2024, submitted to Justice Gorsuch.

Attorneys

Jeremy L. Sestak
Jeremy Lee Sestak — Petitioner
United States
Elizabeth B. Prelogar — Respondent