No. 18-8451
Luciano Garcia v. United States
Response WaivedIFP
Tags: appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance
Latest Conference:
2019-04-12
Question Presented (from Petition)
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with this Court's rulings in Gall and Rita, which expect a district court to engage the merits of the request so that appellate courts have the information necessary to conduct a meaningful review?
Question Presented (AI Summary)
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with this Court's rulings in Gall and Rita, which expect a district court to engage the merits of the request so that appellate courts have the information necessary to conduct a meaningful review?
Docket Entries
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)
Attorneys
Luciano Garcia
John F. Robbenhaar — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent