Supreme Court of the United States · Official docket →
Ferrell Walker v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-12471 · judgment January 6, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for an Eleventh Circuit decision below, counsel who has filed here before, and a petition filed soon after the judgment below.
Questions presented
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Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run consecutive to the previously-imposed sentence of 60 months (now corrected to 24 months) imprisonment for revocation of supervision based on the same conduct, possession of child pornography, violated Defendant’s right under the Fifth Amendment to the U.S. Constitution not to be twice put in jeopardy for the same offense and is therefore, due to be vacated.
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Alternatively, and without waiving Defendant’s assertion of former jeopardy, whether pursuant to 18 U.S.C. § 3583(e)(3), U.S.S.G. § 7B1.4, United States v. Haymond, 139 S.Ct. 2369 (2019), and United States v. Walker, 849 Fed. App’x. 822 (11th Cir. 2021), the defendant should be sentenced to a reasonable term of months (concurrent on all violations) not to exceed two years, followed by termination of his supervised release?
Counsel of record
For petitioner
Barbara Hamlin Agricola
Agricola Law
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 15, 2023 · Certiorari denied
Proceedings
- May 15 2023Petition DENIED.
- Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 20 2023Waiver of right of respondent United States to respond filed.
- Apr 06 2023Petition for a writ of certiorari filed. (Response due May 11, 2023)