No. 20-6155

Jordan Sandoval v. United States

Lower Court: Tenth Circuit
Docketed: 2020-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-split congress-intent judicial-discretion proportional-sentencing reasonableness-standard reckless-conduct sentencing-guidelines sentencing-reform-act substantive-reasonableness
Latest Conference: 2020-12-04
Question Presented (from Petition)

(1) Currently, the circuits are split in defining the role of appellate courts in conducting a meaningful substantive reasonableness review of a Defendant's sentence given the substantial deference afforded to within Guidelines sentences.

Where an applicable guideline fails to reflect sound judgment, is it acceptable for appellate courts to permit that guideline to anchor the sentencing at the expense of other sentencing objectives?

(2) Section 2A2.2 of the United States Sentencing Guidelines that governs sentencing for aggravated assault offenses fails to distinguish between intentional and reckless conduct.

Does this guideline's lack of adjustment for reckless crimes create disproportionate sentencing in contravention of Congress's goal of proportional sentencing?

Question Presented (AI Summary)

Does the substantial deference afforded to within-Guidelines sentences permit appellate courts to permit a flawed Guideline to anchor the sentencing at the expense of other sentencing objectives?

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Waiver of right of respondent United States of America to respond filed.
2020-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2020)

Attorneys

Jordan Sandoval
Aric Grant ElsenheimerFederal Public Defender for the District of New Mexico, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent