No. 22-6141

Eric Lamont Wade v. United States

Lower Court: Fourth Circuit
Docketed: 2022-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion concepcion-ruling concepcion-v-united-states criminal-justice-reform district-court-discretion due-process first-step-act section-404(c) sentence-reduction sentencing
Latest Conference: 2023-01-06
Question Presented (from Petition)

QUESTON NUMBER ONE:
Whether the district court abused its discretion by failing to comply
with Section 404 (c) of the First Step Act of 2018, ensuring a complete
review prior to denial and did the district court's 47-word order provide
a sufficient explanation for rejecting his request for a reduced
sentence, thus, in violation of the U.S. Supreme Court's Ruling in
Concepcion v. United States, 142 S. Ct. 2389 (2022) ?

QUESTION NUMBER TWO:
Whether the district court misunderstood the scope of its
discretion when it denied Petitioner Wade's Section 404 (b) Motion,
thus, did this constitute an abuse of discretion in the matter herein ?

Question Presented (AI Summary)

Whether the district court abused its discretion by failing to comply with Section 404 (c) of the First Step Act of 2018

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 to respond filed.
2022-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2022)

Attorneys

Eric Lamont Wade
Eric Lamont Wade — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent