No. 19-5743

Michael Dewayne Hegwood v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 binding-precedent career-offender criminal-procedure criminal-resentencing federal-jurisdiction first-step-act jurisdiction sentencing sentencing-reduction statutory-interpretation
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Does the First Step Act authorize a court to "impose" a reduced
sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and
3582(a), or does it only authorize a court to "modify" a sentence under
18 U.S.C. § 3582(c)?

II. Does the First Step Act authorize a court to "impose" a reduced
sentence using current binding case law that applies to the Act's
change in the sentencing calculations, or does it require a court to
"modify" the sentence by applying only the Act's change in the
sentencing calculations while ignoring binding case law that applies
to the change?

Question Presented (AI Summary)

Does the First Step Act authorize a court to 'impose' a reduced sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and 3582(a), or does it only authorize a court to 'modify' a sentence under 18 U.S.C. § 3582(c)?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent United States of America to respond filed.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2019)

Attorneys

Michael Dewayne Hegwood
H. Michael SokolowFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent