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Shakbazyan v. United States

Certiorari Denied

Petition for certiorari denied on June 5, 2017.

Docket No.16-929
Op. Below5th Cir.

Issue

(1) Whether a criminal defendant's constitutional right against ex post facto punishment is compromised when a United States Sentencing Statute is amended resulting in an increased punishment, with the effective date of the amendment both pre-dating and post-dating the underlying substantive criminal conduct charged in a criminal indictment; and (2) whether district courts should be bound by the "one-book" rule pursuant to United States Sentencing Guidelines "1B1.11, or whether a two-book rule should be adopted so as to not impose a sentence that runs afoul to the United States Constitution and its ex post facto clause, or whether, in the alternative, district courts should apply pre-amendment guidelines to all counts so as to avoid violating the ex post facto clause.

Proceedings & orders timeline

Jan 24, 2017
Petition for a writ of certiorari filed. (Response due February 27, 2017)
Feb 23, 2017
Order extending time to file response to petition to and including March 29, 2017.
Mar 22, 2017
Order further extending time to file response to petition to and including April 28, 2017.
Apr 28, 2017
Brief of respondent United States in opposition filed.
May 16, 2017
DISTRIBUTED for Conference of June 1, 2017.
Jun 5, 2017
Petition DENIED.

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