No. 19-7430

Richard L. Bryant v. United States

Lower Court: Fourth Circuit
Docketed: 2020-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne apprendi apprendi-alleyne apprendi-alleyne-rule drug-distribution-conspiracy fair-sentencing-act fair-sentencing-act-2010 first-step-act first-step-act-2018 relevant-conduct retroactive-sentencing sentencing-reduction statutory-ranges
Key Terms:
SocialSecurity Securities
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Whether a Defendant convicted by a jury of a drug distribution conspiracy involving multiple controlled substances, whose sentence has never been reduced, was eligible for a reduction under the Fair Sentencing Act of 2010, which was made retroactive by the First Step Act of 2018; and if so, because that single conspiracy count involves multiple statutory ranges, whether the Defendant must be re-sentenced to the lowest of those multiple statutory ranges.

2. Whether, ultimately, it is the Defendant's relevant conduct (drug quantity attributed to him), or the statute of conviction that controls his eligibility under the Fair Sentencing Act of 2010; and if it is the latter and a resentencing is required, because the drugs attributed to him were found by the court, and not the jury, whether Apprendi and Alleyne are implicated.

Question Presented (AI Summary)

Whether a defendant convicted of a drug distribution conspiracy involving multiple controlled substances is eligible for a sentence reduction under the Fair Sentencing Act of 2010

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-02-03
Waiver of right of respondent United States to respond filed.
2020-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2020)

Attorneys

Richard L. Bryant
Bryant L. Richard — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent