No. 20-7655
Response WaivedIFP
Tags: circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances
Latest Conference:
2021-04-30
Question Presented (from Petition)
Should this Court should grant certiorari in order to resolve the following conflict among the circuits: Is a sentencing judge required specifically to rule on requests for downward departures before considering possible variances from the guideline range? Or is a sentencing judges authorized to subsume downward departure determinations into its consideration of requests for variances governed by the general rule of reasonableness?
Question Presented (AI Summary)
Should a sentencing judge be required to rule on downward departure requests before considering variances?
Docket Entries
2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-09
Waiver of right of respondent United States to respond filed.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2021)
Attorneys
Lisa Bershan
Jeremiah Donovan — Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent