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Douglas Kelly v. United States

IFP petition · United States Court of Appeals for the Third Circuit, No. 17-3777 · judgment September 10, 2020


Certiorari denied · October 4, 2021

Question presented

I. In the context of a structural error involving a public trial violation during jury selection, where no trial objection was made but the error was raised on direct appeal, must the Petitioner demonstrate prejudice to secure a new trial, or are they entitled to automatic reversal? II. Does the aggregation of drug sales to enhance the maximum sentence for drug Conspiracy and RICO Conspiracy conflict with this Court’s decision in Alleyne v United States?

Counsel of record

For petitioner
Richard F. Maffett Jr.
Richard F. Maffett, Jr.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Related
Vide, 20-1523, 20-7796, 20-7889

Proceedings

  1. Oct 04 2021
    Motion for leave to proceed in forma pauperis filed by respondent Anthony Sistrunk GRANTED.
  2. Oct 04 2021
    Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson GRANTED.
  3. Oct 04 2021
    Petition DENIED.
  4. Aug 18 2021
    DISTRIBUTED for Conference of 9/27/2021.
  5. Jul 30 2021
    Brief of respondent United States of America in opposition filed. VIDED.
  6. Jun 22 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 30, 2021.
  7. Jun 17 2021
    Motion to extend the time to file a response from June 28, 2021 to July 30, 2021, submitted to The Clerk.
  8. May 25 2021
    Motion for leave to proceed in forma pauperis filed by respondent Maurice Atkinson.
  9. May 24 2021
    Brief of respondents Rolando Cruz, Jr., Marc Hernandez, Roscoe Villega in support filed.
  10. May 18 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
  11. May 18 2021
    Motion for leave to proceed in forma pauperis by respondent Anthony Sistrunk filed.
  12. May 17 2021
    Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
  13. May 10 2021
    Brief of respondent Anthony Sistrunk in support filed.
  14. May 05 2021
    Brief of respondent Maurice Atkinson in support filed.
  15. Apr 26 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)