No. 18-5538

Shawn J. Gieswein v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (from Petition)

Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated in conflict with the principles enunciated by this Court in Molina-Martinez v. United States, 578 U. S. _, 136 S. Ct. 1338, 194 L. Ed. 2d 444 (2016) and Peugh v. United States, 569 U.S. 530 (2013) and with the approach taken by the Third and Seventh Circuits that the District Court would have imposed the same sentence on a criminal defendant even when faced with a drastic reduction in the applicable Guidelines range that formed the starting point, anchor and framework of its sentencing decision.

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated that the District Court would have imposed the same sentence on a criminal defendant even when faced with a drastic reduction in the applicable Guidelines range

Docket Entries

2019-02-19
Rehearing DENIED. Justice Kagan and Justice Gorsuch took no part in the consideration or decision of this petition.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-10-03
Petition for Rehearing filed.
2018-10-01
Petition DENIED. Justice Kagan and Justice Gorsuch took no part in the consideration or decision of this petition.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent United States to respond filed.
2018-08-10
Notice of notification under Rule 12.3 filed.
2018-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Shawn Gieswein
Gregory W. Stevens — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent