No. 21-6687

Rory Lee Zirkelbach v. United States

Lower Court: Eighth Circuit
Docketed: 2021-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 career-offender district-court-discretion extraordinary-and-compelling extraordinary-reasons sentence-reduction sentencing-disparity sentencing-error sentencing-guideline statutory-interpretation
Latest Conference: 2022-01-21
Question Presented (from Petition)

Did the district court err when it imposed an extratextual limitation on its statutory authority to determine what amounts to an "extraordinary and compelling reason" for a sentence reduction by concluding that a sentencing error and disparity cannot be the basis for a motion under 18 U.S.C. § 3582(c)(l)(A)?

Question Presented (AI Summary)

Whether a sentencing error and resulting disparity can constitute an 'extraordinary and compelling reason' for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Waiver of right of respondent United States to respond filed.
2021-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2022)

Attorneys

Rory Zirkelbach
Alison Klare GuernseyUniversity of Iowa College of Law Clinical Law Programs, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent