No. 19-7470

Agustin Martinez-Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness
Latest Conference: 2020-03-06
Question Presented (from Petition)

L When conducting their substantive-reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as the First, Eighth, Ninth, and Eleventh Circuits hold, or does this Court's decision in Gall v. United States, 552 U.S. 38 (2007), prohibit appellate courts from reweighing the sentencing factors, as the Fifth and Tenth Circuits hold?

IL What is the appropriate standard for appellate courts to apply when conducting their substantive-reasonableness review of sentences?

Question Presented (AI Summary)

Can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a)

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-12
Waiver of right of respondent United States to respond filed.
2020-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2020)

Attorneys

Agustin Martinez-Lopez
Scott Andrew MartinFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent