No. 22-5951
Cavon C. Clark v. United States
Response WaivedIFP
Tags: appeal concurrent-sentence consecutive-sentence criminal-appeal due-process recidivism recidivist-enhancement resentencing sentencing vindictiveness
Key Terms:
DueProcess
DueProcess
Latest Conference:
2022-12-02
Question Presented (from Petition)
1. Must a "more severe" sentence of incarceration be numerically longer than the sentences of incarceration previously imposed; and if not
2. Ata third resentencing hearing after two successful appeals of recidivist enhancements, does a court render a "more severe" sentence when it sentences a defendant consecutively when the sentencing court had previously sentenced the defendant concurrently.
Question Presented (AI Summary)
Whether a more severe sentence of incarceration must be numerically longer than previous sentences, and whether a consecutive sentence is considered more severe than a concurrent sentence at a third resentencing after successful appeals
Docket Entries
2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-08
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 30, 2022)
Attorneys
Cavon Clark
Matthew A. Campbell — Federal Public Defender, Virgin Islands, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent