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Derrick S. Lewis v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12938 · judgment July 10, 2025
Certiorari denied · February 23, 2026
Question presented
- Whether the Fifth and Sixth Amendments are violated when a sentencing judge, rather than a jury, finds facts that otherwise alter the minimum and/or maximum prescribed sentencing range that a defendant is exposed to; where those facts were not submitted nor proven beyond a reasonable doubt by a jury, in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Alleyne ▼. United States, 570 U.S. 99 (2013) and this Court's recent decision in Erlinger v. United States, 602 U.S (2024)?
Counsel of record
For petitioner
Derrick S. Lewis
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 22 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 15 2026Waiver of right of respondent United States to respond filed.
- Dec 01 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2026)