No. 21-6160

Dennis Dean Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2021-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes
Latest Conference: 2021-12-03
Question Presented (from Petition)

1) Has the Eleventh Amendment barred the federal courts from exercising jurisdiction over this case where the state has been sued in federal court to recover money damages, and where the Eleventh Amendment has been waived?

2) Does the Antiterrorism and Effective Death Penalty Act and the allegations recently made in the dispositional hearing operate to consider all surrounding and compelling circumstances being brought before in 1113 according charges in the law that would diminish or lessen sentence were a parole/pardon today? Particularly knowing health factor have been considered as of the within 11.3 yrs since 2e reference to disposition on bond? Post the SOP.

3) Should the provisions of the First Step Act be invoked as retroactive substantial document in the law in behalf of the petitioner in United States District Courts holding plead on substantial in the law over the sentence?

Question Presented (AI Summary)

Has the Eighth Amendment's prohibition on cruel and unusual punishment required the Supreme Court to remedy it in the case where persons similarly situated to the petitioner have been granted relief?

Docket Entries

2021-12-06
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-09
Waiver of right of respondent United States to respond filed.
2021-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2021)

Attorneys

Dennis Dean Smith
Dennis Dean Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent