No. 25-6161

James Capers v. United States

Lower Court: Second Circuit
Docketed: 2025-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne-standard apprendi-rule constitutional-challenge criminal-procedure jury-instructions sentencing-enhancement
Latest Conference: 2026-01-09
Question Presented (from Petition)

1) In regards to 21 U.S.C. §846, to be in accordance with both Apprendi
and Alleyne , to punish as 21 U.S.C. §841(b)(1)(A) (10 to life), must
the jury find both the conspiracy amount (Apprendi ) and the amount the
defendant was personally responsible for (Alleyne), i.e. must two
questions be answered?

2) In regards to 18 U.S.C. §1962(d), to be in accordance with Apprendi
to punish beyond the statutory maximum of 20 years, where the jury
instructions cited first and second degree murder , attempted murder,
conspiracy to murder, and gave Pinkerton instructions, all under New
York State Law, to take'<the statutory maximum to life, does the jury
have to find more than that the underlying offense "involved [] murder"?

3) When these questions are brought up pro se for the first time on
appeal after a remand for resentencing, where the issues were as above,
is Capers properly challenging his sentence, or are these Constitutional
challenges not properly brought on remand?

Question Presented (AI Summary)

Whether a jury must find both conspiracy amount and personal responsibility amount under 21 U.S.C. §846 to comply with Apprendi and Alleyne, and whether jury instructions for 18 U.S.C. §1962(d) require specific findings to extend sentencing beyond statutory maximum

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of United States of right to respond submitted.
2025-12-03
Waiver of right of respondent United States to respond filed.
2025-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2025)

Attorneys

James Capers
James Capers — Petitioner
United States
D. John SauerSolicitor General, Respondent