No. 20-6832

Shannon Keith Harris v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
IFP
Tags: cocaine-sentencing criminal-sentencing drug-trafficking fair-sentencing-act first-step-act mandatory-minimum mandatory-minimums resentencing retroactivity sentencing-guidelines
Key Terms:
Securities
Latest Conference: 2021-06-10
Question Presented (from Petition)

When deciding whether to impose a reduced sentence under Section 404 of the First Step Act, are district courts required to apply the current, legally correct Sentencing Guideline range or the old Sentencing Guideline range that applied at the original sentencing?

Question Presented (AI Summary)

Whether district courts are required to apply the current, legally correct Sentencing Guideline range or the old Sentencing Guideline range that applied at the original sentencing when deciding whether to impose a reduced sentence under Section 404 of the First Step Act

Docket Entries

2021-06-14
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-07
Brief of respondent United States of America in opposition filed.
2021-04-05
Motion to extend the time to file a response is granted and the time is further extended to and including May 7, 2021.
2021-04-02
Motion to extend the time to file a response from April 9, 2021 to May 7, 2021, submitted to The Clerk.
2021-03-09
Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2021.
2021-03-08
Motion to extend the time to file a response from March 12, 2021 to April 9, 2021, submitted to The Clerk.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2021.
2021-02-02
Motion to extend the time to file a response from February 10, 2021 to March 12, 2021, submitted to The Clerk.
2021-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Shannon Harris
Joshua Bradley LakeFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent