No. 19-665

John Doe v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-25
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

1. May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance without first deciding whether the defendant provided substantial assistance?

2. After a district court has already imposed a criminal defendant's original sentence, may it later deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence, in whole or in part, based on the same 18 U.S.C. § 3553(a) sentencing factors that it used to determine the defendant's original sentence?

Question Presented (AI Summary)

May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance without first deciding whether the defendant provided substantial assistance?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Waiver of right of respondent United States to respond filed.
2019-11-25
Motion (19M66) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2019-11-06
MOTION (19M66) DISTRIBUTED for Conference of 11/22/2019.
2019-10-25
Motion (19M66) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2019-10-25
Petition for a writ of certiorari filed. (Response due December 26, 2019)
2019-09-12
Application (19A287) granted by Justice Alito extending the time to file until October 25, 2019.
2019-09-10
Application (19A287) to extend the time to file a petition for a writ of certiorari from September 25, 2019 to November 24, 2019, submitted to Justice Alito.

Attorneys

John Doe
William B. MatejaSheppard Mullin Richter & Hampton LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent