No. 18-8821

Sealed Appellant v. Sealed Appellee

Lower Court: Fifth Circuit
Docketed: 2019-04-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-3582 18-usc-3582c2 5k1.1-motion criminal-sentencing judicial-discretion koons-v-united-states mandatory-minimum sentence-reduction sentencing-commission sentencing-guidelines substantial-assistance
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (from Petition)

Can a defendant receive a 18 U.S.C. § 3582(c)(2) sentence reduction when the district court discarded the mandatory minimum because of a substantial-assistance motion and considered the initial guidelines range before imposing the sentence?

Question Presented (AI Summary)

Can a defendant receive a 18 U.S.C. § 3582(c)(2) sentence reduction when the district court discarded the mandatory minimum because of a substantial-assistance motion and considered the initial guidelines range before imposing the sentence?

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-26
Waiver of right of respondent Sealed Appellee to respond filed.
2019-04-15
Motion (18M131) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2019-03-27
MOTION (18M131) DISTRIBUTED for Conference of 4/12/2019.
2019-03-07
Motion (18M131) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)

Attorneys

Sealed Appellant
Kristin M. KimmelmanFederal Public Defender's Office, Petitioner
Sealed Appellee
Noel J. FranciscoSolicitor General, Respondent