No. 22-6257

Kenneth Ray Borders v. United States

Lower Court: Eighth Circuit
Docketed: 2022-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court compassionate-release criminal-procedure due-process eighth-amendment health-conditions judicial-misconduct procedural-error standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (from Petition)

I. SHOULD THIS COURT GRANT THE WRIT WHERE THE LOWER
COURT ERRED IN VIOLATION OF THE EIGHTH AMENDMENT
IN DENYING COMPASSIONATE RELEASE WHEN THE LOWER
COURT DID NOT CONSIDER PETITIONER 'S NUMEROUS
HEALTH CONDITIONS WHEN CONSIDERING HIS MOTION?

2. SHOULD THIS COURT GRANT THE WRIT WHERE THE LOWER
COURT ERRED AND COMMIT FURTHER MISCONDUCT BY
NOT RECUSING ITSELF FROM PETITIONER 'S SECOND
COMPASSIONATE RELEASE MOTION?

3. SHOULD THIS COURT GRANT THE WRIT WHERE THE EIGHTH
CIRCUIT DENIED PETITIONER 'S APPEAL UNDER LOCAL RULE
47A(a), WHERE IT IS THE ONLY CIRCUIT WAS SUCH A RULE?

Question Presented (AI Summary)

Should this court grant the writ where the lower court erred in violation of the eighth-amendment in denying compassionate-release when the lower court did not consider petitioner's numerous health-conditions

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of right of respondent United States to respond filed.
2022-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Kenneth R. Borders
Kenneth Ray Borders — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent