No. 21-6738
Kadeem Willingham v. United States
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. Prelogar — Solicitor General, Respondent
Willingham Kadeem
Brenda Greenberg Bryn — Federal Public Defender, Petitioner