No. 21-75

Ojin Kim v. United States

Lower Court: Fifth Circuit
Docketed: 2021-07-21
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review criminal-procedure deprivation-of-liberty due-process liberty-deprivation methodology-challenge restitution restitution-order sentencing-guidelines
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. In cases where the methodology to calculate the guidelines range for sentencing mirrors the methodology to calculate the restitution amount, if a challenge to the restitution order is not barred from appellate review due to factually insufficient evidence, whether the sentence should also be reviewable on appeal.

2. When a Circuit court holds that the restitution order should be vacated due to flawed methodology in determining the amount of infringing items, whether a sentence based on the same arbitrary calculation must also be vacated because deprivation of liberty should receive higher scrutiny rather than criminal monetary sanctions.

Question Presented (AI Summary)

Whether a sentence should be reviewable on appeal if the restitution order is not barred from appellate review due to factually insufficient evidence

Docket Entries

2021-10-04
Petition DENIED.
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-29
Waiver of right of respondent United States of America to respond filed.
2021-07-19
Petition for a writ of certiorari filed. (Response due August 20, 2021)

Attorneys

Ojin Kim
Susan Jeanne ClouthierClouthier Law, PLLC, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent