No. 21-6738

Kadeem Willingham v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3582c1a 924(c)-sentences 924c-sentences district-court-discretion extraordinary-and-compelling-reasons first-step-act nondelegation-doctrine sentence-reduction sentencing-guidelines sub-delegation
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether U.S.S.G. § 1B1.13 is an "applicable" policy statement that binds a district court in considering a defendant-filed motion for sentence reduction under 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step Act of 2018.

2. If not, whether the district court may consider the severity and disparity of stacked § 924(c) sentences before and after Congress' 2018 clarifying amendment to 18 U.S.C. § 924(c)(1)(C), as part of an individualized assessment in determining whether a defendant has shown "extraordinary and compelling reasons" for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A).

Question Presented (AI Summary)

whether-us-sentencing-guidelines-1b1-13-binds-district-court

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-11
Waiver of right of respondent United States to respond filed.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2022)
2021-12-02
Application (21A192) granted by Justice Thomas extending the time to file until January 10, 2022.
2021-11-23
Application (21A192) to extend the time to file a petition for a writ of certiorari from December 9, 2021 to February 7, 2022, submitted to Justice Thomas.

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Willingham Kadeem
Brenda Greenberg BrynFederal Public Defender, Petitioner