No. 21-5110

Junior Jean Baptiste v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-07-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines
Latest Conference: 2021-09-27
Question Presented (from Petition)

The district court, on remand for resentencing after failing or iginally to permit
allocution by petitioner, reimposed the original sentence witho ut discussion or
acknowledgment of changed circum stances, including the defendan t's remorse that
the government concluded was hear tfelt, or of any of the valid grounds asserted,
without government opposition, for a sentence below the guideli ne range. The
Eleventh Circuit held that nothing more is required at sentenci ng than a statement by
the sentencing judge to the effect that 18 U.S.C. § 3553(a)'s s entencing factors were
considered.

In order to afford meaningful appellate review and to insure co nstitutional
application of the advisory guidelines, should this Court requi re the sentencing judge
to address relevant sentencing factors and provide a reasoned b asis for discounting
valid grounds for variance?

Question Presented (AI Summary)

Should the sentencing judge be required to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Waiver of right of respondent United States to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Junior Jean Baptiste
Richard C. Klugh Jr. — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent