No. 18-8010

Alimamy Barrie v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-retroactivity criminal-sentencing direct-appeal resentencing sentence-reduction sentencing-commission sentencing-guidelines statutory-interpretation
Latest Conference: 2019-03-22
Question Presented (from Petition)

A.
Whether Under 18 U.S.C. S3582 (C) (2) should
the Petitioner be eligible for a resentencing
when two clariying amendments relevent to his
case was enacted by the Sentencing Commission
during the pendency of his direct appeal when
such is consistent with applicable policy
statement issued by the Sentencing Commission
under U.S.S.G. 1bl.11 (b) (2) but not listed
under 1bl.10 as some circuits have held.

B.
Whether under 18 U.S.C. § 3582 (C) (2) is the
Petitioner eligible for a sentence reduction
based on a sentencing range that has subsequently
been lowered by the Sentencing Commission during
the pendency of his direct appeal when the
amendment is not listed under U.S.S.G. 1bl.10.

Question Presented (AI Summary)

Whether the petitioner is eligible for resentencing under 18 U.S.C. §3582(c)(2) when amendments relevant to the case were enacted by the Sentencing Commission during the pendency of the direct appeal

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2019)

Attorneys

Alimamy Barrie
Alimamy Barrie — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent