No. 22-5701

Terry Wayne Cope v. United States

Lower Court: Sixth Circuit
Docketed: 2022-09-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 compassionate-release congress covid-19 criminal-procedure district-court judicial-discretion public-health sentencing
Latest Conference: 2022-10-28
Question Presented (from Petition)

A. Does the precedent that "a defendant's incarceration during the COVID-19 Pandemic when the defendant has access to the COVID-19 vaccine does not present an extraordinary and compelling reason" walk a fine line that contravenes the will of Congress by impermissibly restraining the district courts and does contravene the traditional deference of public health policy?

B. Must the district Court address all grounds listed in 18 U.S.C. § 3553(a) on a motion to reduce sentence in anticipation of a sentence reduction when circumstances of conviction change?

Question Presented (AI Summary)

Does the precedent that a defendant's incarceration during the COVID-19 Pandemic, when the defendant has access to the COVID-19 vaccine, does not present an 'extraordinary and compelling reason' warrant a compassionate release under 18 U.S.C. § 3582(c)(1)(A), contravene the will of Congress by impermissibly restraining the district courts and also contravene the traditional deference to public health emergencies

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-29
Waiver of right of respondent United States to respond filed.
2022-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2022)

Attorneys

Terry Wayne Cope
Terry Wayne Cope — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent