| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1190 | 5th Cir. | N/A | N/A | N/A | N/A | OT 16 |
Issue: (1) Whether petitioner’s 92-year sentence for nonviolent fraud offenses causing $16,000 in loss is unconstitutional, where, as the government and court of appeals each acknowledged below, the sentence would be substantively unreasonable, and therefore unlawful, but for the district judge’s contested murder finding; and (2) whether a criminal defendant’s Fifth and Sixth Amendment rights to a jury place any constraints on an appellate court’s ability to use judicial-found facts as the basis to affirm the substantive reasonableness, and therefore the lawfulness, of the defendant’s sentence, a question this Court acknowledged but postponed answering in Rita v. United States.
| Date | Proceedings and Orders |
|---|---|
| Mar 22 2016 | Petition for a writ of certiorari filed. (Response due April 21, 2016) |
| Mar 29 2016 | Waiver of right of respondent United States to respond filed. |
| Apr 6 2016 | DISTRIBUTED for Conference of April 22, 2016. |
| Apr 7 2016 | Response Requested . (Due May 9, 2016) |
| May 4 2016 | Order extending time to file response to petition to and including June 8, 2016. |
| May 9 2016 | Brief amicus curiae of Professor Douglas A. Bermen filed. |
| May 9 2016 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jun 8 2016 | Brief of respondent United States in opposition filed. |
| Jun 22 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Jun 22 2016 | Reply of petitioner Mark Hebert filed. (Distributed) |
| Oct 3 2016 | Petition DENIED. |
