No. 22-5895

Quinton Deairre Gardner v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravating-facts armed-career-criminal-act circuit-split federal-criminal-law maximum-term maximum-term-of-imprisonment presumptive-sentencing-standards sentencing-standards statutory-interpretation statutory-limits
Latest Conference: 2022-11-18
Question Presented (from Petition)

Where a state structured-sentencing regime sets mandatory legal limits on courts' sentencing power, is the upper limit of the structured-sentencing range the "maximum term of imprisonment ... prescribed by law," 18 U.S.C. § 924(e)(2)(A)?

Question Presented (AI Summary)

Where a state sentencing regime sets mandatory legal limits on courts' sentencing power, is the upper limit of the presumptive range the 'maximum term of imprisonment ... prescribed by law,' 18 U.S.C. § 924(e)(2)(A)?

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-31
Waiver of right of respondent United States to respond filed.
2022-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2022)

Attorneys

Quinton Gardner
Tobie J. SmithOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent