No. 21-6753
Trevin Nunnally, aka Rick v. United States
Tags: apprendi cocaine-distribution constitutional-law constitutional-precedent criminal-justice-reform criminal-statute first-step-act intervening-developments sentencing sentencing-reduction statutory-interpretation
Key Terms:
SocialSecurity Securities
SocialSecurity Securities
Latest Conference:
2022-09-28
(distributed 3 times)
Question Presented (from Petition)
"Whether, when deciding if it should 'impose a reduced sentence' on an individual under Section 404(b) of the First Step Act of 2018 . . . a district court must or may consider intervening legal and factual developments."
"Whether the 'as if' language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a 'covered offense.'"
Question Presented (AI Summary)
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First Step Act of 2018
Docket Entries
2022-11-04
Judgment issued.
2022-10-03
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Concepcion</i> v. <i>United States</i>, 597 U. S. ___ (2022). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2022-09-12
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-07
Memorandum of respondent United States filed.
2022-01-27
Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2022.
2022-01-26
Motion to extend the time to file a response from February 3, 2022 to March 7, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2022)
Attorneys
Trevin Nunnally
Michael Robert Ufferman — Michael Ufferman Law Firm, P.A., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent