No. 20-7138

Patrick Begay v. United States

Lower Court: Tenth Circuit
Docketed: 2021-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 aggravated-assault criminal-procedure federal-sentencing guidelines judicial-discretion native-american native-american-defendants sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission
Latest Conference: 2021-03-19
Question Presented (from Petition)

In carrying out the mandate of 18 U.S.C. § 3553(a) to impose a sentence that is "sufficient but not greater than necessary on a defendant," may a district court consider reports generated by the United States Sentencing Commission's own advisory groups that concluded that the Guidelines for aggravated assault create sentencing inequities for Native American defendants?

Question Presented (AI Summary)

Whether a district court may consider reports generated by the United States Sentencing Commission's advisory groups that concluded the Guidelines for aggravated assault create sentencing inequities for Native American defendants when imposing a sentence under 18 U.S.C. § 3553(a)

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Patrick Begay
Margaret Ann KatzeFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent