No. 22-5156

Wilbert McKreith v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-07-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: compassionate-release criminal-justice-reform criminal-sentencing district-court-authority first-step-act judicial-authority sentencing sentencing-commission statutory-interpretation
Latest Conference: 2022-09-28
Question Presented (from Petition)

Do district courts have authority to grant compassionate release under 18 U.S.C. 3582(c)(1)(A), as amended by the First Step Act of 2018, based on a compelling showing by the defendant that the sentence originally imposed is excessive under current law or instead must district courts await specific approval from the Sentencing Commission to exercise such jurisdiction?

Question Presented (AI Summary)

Do district courts have authority to grant compassionate release under 18 U.S.C. 3582(c)(1)(A)

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Waiver of right of respondent United States to respond filed.
2022-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Wilbert McKreith
Richard C. Klugh Jr. — Petitioner