No. 22-5951

Cavon C. Clark v. United States

Lower Court: Ninth Circuit
Docketed: 2022-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal concurrent-sentence consecutive-sentence criminal-appeal due-process recidivism recidivist-enhancement resentencing sentencing vindictiveness
Key Terms:
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. CampbellFederal Public Defender, Virgin Islands, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent