No. 18-6971

Zachery Joseph Cooley, aka Red v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-sentencing gall-v-united-states guideline-calculation harmless-error judicial-discretion procedural-error procedural-reasonableness sentencing-guidelines substantive-reasonableness
Key Terms:
Securities Immigration
Latest Conference: 2019-01-11
Question Presented (from Petition)

When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the guideline range based on the bare statement of the sentencing judge that the sentence would have been awarded regardless of any guideline error.

Question Presented (AI Summary)

When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the guideline range based on the bare statement of the sentencing judge that the sentence would have been awarded regardless of any guideline error?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent United States to respond filed.
2018-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Zachery Joseph Cooley
Neil Hanley — Petitioner