No. 22-6092

Joshua Lewis v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-11-18
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-3553(a) 3553a-factors criminal-history departures guidelines-departure procedural-reasonableness sentencing-guidelines u.s.s.g.-4a1.3 upward-variance
Latest Conference: 2023-01-06
Question Presented (from Petition)

Whether a district court can vary upward from the advisory sentencing range under the factors in 18 U.S.C. § 3553(a) based on the inadequacy of a defendant's criminal history where the district court failed to determine first whether the defendant's criminal history was inadequate under U.S.S.G. § 4A1.3 which provides a unique procedure for determining the adequacy of a criminal defendant's criminal history and whether that determination supports a departure under the Sentencing Guidelines?

Question Presented (AI Summary)

Whether a district court can vary upward from the advisory sentencing range under the factors in 18 U.S.C. § 3553(a) based on the inadequacy of a defendant's criminal history where the district court failed to determine first whether the defendant's criminal history was inadequate under U.S.S.G. § 4A1.3

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-12-01
Waiver of right of respondent United States of America to respond filed.
2022-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2022)
2022-10-06
Application (22A290) granted by Justice Thomas extending the time to file until November 15, 2022.
2022-10-04
Application (22A290) to extend the time to file a petition for a writ of certiorari from October 16, 2022 to November 15, 2022, submitted to Justice Thomas.

Attorneys

Joshua Lewis
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent