No. 18-642

Morris E. Zukerman v. United States

Lower Court: Second Circuit
Docketed: 2018-11-19
Status: Denied
Type: Paid
Amici (1)Relisted (2)
Tags: 18-usc-3742 appellate-review criminal-procedure criminal-sentencing district-court-discretion sentencing-explanation sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance shocks-the-conscience substantive-reasonableness substantive-unreasonableness
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (from Petition)

Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without vacating the sentence and ordering resentencing as required by 18 U.S.C. § 3742.

Whether, in the wake of Gall v. United States, 552 U.S. 38 (2007), a court of appeals may review a sentence for substantive unreasonableness under a "shocks-the-conscience" standard.

Question Presented (AI Summary)

Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without vacating the sentence and ordering resentencing as required by 18 U.S.C. § 3742

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Reply of petitioner Morris E. Zukerman filed.
2019-01-18
Brief of respondent United States in opposition filed.
2018-12-19
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2018-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2019.
2018-12-12
Motion to extend the time to file a response from December 19, 2018 to January 18, 2019, submitted to The Clerk.
2018-11-19
Motion (18M64) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2018-10-31
MOTION (18M64) DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
Motion (18M64) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2018-10-25
Petition for a writ of certiorari filed. (Response due December 19, 2018)

Attorneys

Morris E. Zukerman
Gregory G. GarreLatham & Watkins LLP, Petitioner
National Association of Criminal Defense Lawyers
Peter Bert SiegalNorton Rose Fulbright US LLP, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent