No. 21-8092

Nicole R. Bramwell v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-U.S.C.-3553a 18-usc-3553(a) 18-usc-3661 abuse-of-discretion appellate-review below-guideline-sentence collateral-consequences downward-variance sentencing-guidelines sentencing-review
Latest Conference: 2022-09-28
Question Presented (from Petition)

(1) When a district court commits no procedural error at sentencing – e.g., correctly calculates the guidelines, considers all statutory sentencing factors, and provides adequate explanation for the chosen sentence – does a court of appeals violate Gall's limited abuse-of-discretion review when it reverses a below-guideline sentence based on its own appellate-reweighing that a different, more severe sentence is appropriate; and

(2) Given the scope and permission of 18 U.S.C. § 3661, whether a district court is prohibited from considering collateral consequences of a conviction when adjudging the most appropriate sentence that is sufficient, but no greater than necessary, to mete out and satisfy the calls and mandates of federal sentencing, pursuant to 18 U.S.C. § 3553(a).

Question Presented (AI Summary)

When can a court of appeals reverse a below-guideline sentence based on its own view that a different, more severe sentence is appropriate?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-12
Supplemental brief of petitioner Nicole Bramwell filed. (Distributed)
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-13
Waiver of right of respondent United States to respond filed.
2022-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2022)

Attorneys

Nicole Bramwell
Fritz SchellerFritz Scheller, P.L., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent