In Re Keith Henderson, et al.

Whether Petitioners’ judgments of conviction pursuant to the Sentencing Reform Act of 1984, application of United States Sentencing Guidelines §§ 1B1.1(H) and 1B1.3, “offense” as “the offense of conviction and all relevant conduct,” amended Petitioners’ indictments at sentencing in violation of the Grand Jury Clause of the U.S. Constitution Fifth Amendment.

Whether the Judicial Branch transgressed and expanded its jurisdiction when promulgating the United States Sentencing Guidelines §§ 1B1.1(H) and 1B1.3, defining “offense,” as “the offense of conviction and all relevant conduct,” in which the courts rendered judgments of conviction against Petitioners in violation of the U.S. Constitution Articles I, II, and III, the Fifth and Sixth Amendments, and the Judiciary Act of 1789.

Whether Petitioners’ judgments of conviction pursuant to the Sentencing Reform Act of 1984, application of the United States Sentencing Guidelines §§ 1B1.3(a)(2) and 2D1.1, contravened the plain language of 21 U.S.C. § 841 that Petitioners’ sentences must be based on the mixture or substance containing a “detectable amount” of a controlled substance, and the “detectable amount” of controlled substance is an essential fact constituting the offense that must be specified in the indictment.