Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Pike v. USA In Forma Pauperis: Nancy Bergeson

Pike v. USA In Forma Pauperis: Nancy Bergeson

Ratings: (0)|Views: 22|Likes:
Published by mary eng
.
.

More info:

Categories:Topics, Art & Design
Published by: mary eng on Apr 09, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/10/2013

pdf

text

original

 
IN
THE
SUPREME COURTOF THE UNITED STATESCHRISTOPHER MICHAEL PIKE,Petitioner,
V.
UNITED STATES OF AMERICA:RespondentMOTION FOR LEAVETO PROCEED
INFOM
PAUPERIS
The petitioner, Christopher Michael Pike: requests leave to file the attached petitionfor writ of certiorari to the United States Court of Appeals for the Ninth Circuit withoutprepayment of costs and to proceed
ii7fori11npazq~ei.i~
ursuant to Rule 39.1 of this Court and
18
U.S.C. $3006A(d)(7). The petitioner was represented by counsel appointed under theCriminal Justice Act in the District of Oregon and on appeal in the Ninth Circuit Court ofAppeals, and therefore no affidavit is requiredRESPECTFULLY SUBMITTED this
/':
ay of July, 2007.
i
 
IN
THE
SUPREME,
COURTOF THE UNITED STATESCHRISTOPHER MICEIAEL PIKE:Petitioner,
v.
UNITED STATES OF AMERICA,Respondent.On Petition for
Writ
of Certiorarito the United States Court of Appeals
for
the
Ninth
CircuitPETITION FOR
WRIT
OF CERTIORARINancy BergesonAssistant Federal Public Defender101 SW Main Street, Suite 1700Portland, Oregon 97204(503) 326-2123Attorney for Petitioner
 
QUESTIONS PRESENTED
This Court's Sixth Ainendinent jurisprudence has left unresolved the questionwhether, where a controverted fact increases the sentencing Guidelines, the Fifthhnendinent right to due process of law, which incolyorates the reasonable doubt standardas a right of "transcending value," requires that the aggravating fact must be found by ajudgebeyond
a
reasonable doubt. Christopher Pike's Guidelines range for unanned bank robberyincreased froin 57 to
7
1 months to
92
to 1 15 based on the disputed allegation: \vl~ichwas notproven beyond a reasonable doubt, that he possessed a gun during the bank robbev. Thequestion presented is:whether. in light of thisCourt's Fifth and Sixth Amendment jurisprudence.controverted facts that increase the Sentencing Guidelines range must beproved by the government beyond areasonable doubt either under the Doctrineof Constitutional Avoidance or as a requirement of the Fifth Amendment.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->