No. 18-5996

Gene Lemay Barris v. United States

Lower Court: Eighth Circuit
Docketed: 2018-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment habeas-corpus ineffective-assistance-of-counsel sentencing unreasonable-sentence
Latest Conference: 2018-10-12
Question Presented (from Petition)

1.How ion a sentencing Coust sentenct a defeadent cutside of the
Gui delines orainally out lindd in Tue defendents pka @gret moat. Dots

2. Hou Or can aisentencing Jodge Sentence a defendent witna 3ss3
shid detendent without frct downd wend defatore
6sentences
beinn cpplied to detndeits aow (ouer buide line farge. anle
those sentecing fuctors Mave not chanaed or beer chellanged
By tne boween ment.
abnstitute a Violation of dre Process. Also
Light of Jolnson
defendent hed to point out confiict of
Intrest between
defendent and Public Deferders of fice a
vionlaton of Deferdents R.gnts.
count as a defendents asss
tovacabe Set aside ar correct
motiDn
not Qualify for.
ho upsclibk issues rot frae tt he wes ineffectice Sihce
I heve been granted relief.
have a supression hearig bustd on a litter from Us. Attorny Tin will
at thet time dots thet nut Bria into
Gvistionne
validty ot tre ielatire condeet
p{ti on
ofm4PSI

Question Presented (AI Summary)

Whether the sentencing court erred in imposing an unreasonable sentence on the defendant in violation of the Eighth Amendment's prohibition on cruel and unusual punishment and the Due Process Clause of the Fifth Amendment

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Gene L. Barris
Gene L Barris — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent