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Dan V. Sharp v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-60437 · judgment July 26, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Court erred in failing to sever the counts by date.

  2. Whether the Court erred in requiring the Appel­ lant to appear in shackles in front of the Jury.

  3. Whether the trial should be remanded for a new trial due to ineffective assistance of counsel.

  4. Whether the 18 USC 924 convictions should be overturned because: a. The firearms were not “used” in the commis­ sion of a drug offense. b. There was no proof of “intent to distribute”

  5. Whether the convictions in counts 2-6 should be overturned due to the fact that there was no proof of “constructive possession” of the narcotics by Ap­ pellant.

  6. Whether or not the Appellant’s Confrontation Clause rights were violated by the testimony of Officer Brea about what the informant told him.

  7. Whether the Court erred in denying the Motion to Suppress of the Appellant regarding the traffic stop of February 14, 2018.

  8. Whether or not the Court Erred in failing to deter­ mine on the record if there would have been any delay in allowing the Standby Counsel to resume his role as counsel of record for the Appellant and if this should cause this cause to remanded for a new trial.

Counsel of record

For petitioner
Dan V. Sharp

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 05 2022
    Waiver of right of respondent United States to respond filed.
  4. Oct 22 2021
    Petition for a writ of certiorari filed. (Response due January 20, 2022)