No. 21-7704

Kerry Vanderpool v. United States

Lower Court: Second Circuit
Docketed: 2022-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3742 appeals criminal-procedure due-process jurisdiction sentencing
Latest Conference: 2022-05-26
Question Presented (from Petition)

1. Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines?

2. When a defendant has been convicted of two separate offenses, and one of them is declared constitutionally invalid, does a district court violate the defendant's due process rights by invoking the "sentencing package" doctrine to justify resentencing the defendant to an increased prison term on the surviving count?

Question Presented (AI Summary)

Does the plain language of 18 U.S.C. § 3742(f) deprive the federal Courts of Appeals of jurisdiction to vacate a sentence when it is uncontested that the sentence is reasonable and legal under the applicable guidelines?

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent United States of America to respond filed.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)

Attorneys

Kerry Vanderpool
Samuel Michael BravermanFasulo Braverman & Di Maggio, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent