No. 19-5412

Jean Claude Phillip McKenzie v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2019-10-01
Question Presented (from Petition)

WHETHER THE SIXTH CIRCUIT COURT OF APPEALS SUFFICIENTLY DETERMINED THAT THE DISTRICT COURT'S UPWARD VARIANCE IN ITS SENTENCING OF PETITIONER BY 31 MONTHS TO IMPOSE A SENTENCE OF 71 MONTHS AND IN DOING SO PLACED TOO MUCH EMPHASIS ON 18 U.S.C. § 3553(a) SENTENCING FACTORS NATURE AND CIRCUMSTANCES OF THE CASE AND TOO LITTLE EMPHASIS ON THE HISTORY AND CHARACTERISTICS OF PETITIONER?

Question Presented (AI Summary)

Whether the district court's upward variance in sentencing was proper

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States of America to respond filed.
2019-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)

Attorneys

Jean Claude McKenzie
Nathan Allan RayBurdon & Merlitti, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent