No. 22-6429

Robert McKenna v. United States

Lower Court: First Circuit
Docketed: 2022-12-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3553a appellate-review criminal-history district-court-discretion due-process public-safety sentencing sentencing-factors sentencing-reasonableness
Latest Conference: 2023-02-17
Question Presented (from Petition)

I. Whether it was procedurally and substantively reasonable for the
sentencing court to a) recite statutory sentencing rationale by rote
recitation without adequate explanation and without adequate
correlation with Mr. McKenna's individual characteristics; b)
misapprehend the defense presentation at sentencing; and c) steer the
government away from a low sentencing recommendation.

II. Whether Robert McKenna's request to have the First Circuit review
his appeal absent summary dismissal was appropriately addressed
using an "abuse of discretion" standard.

Question Presented (AI Summary)

Whether the First Circuit Court of Appeals erred in finding that the defendant's sentence was procedurally and substantively reasonable under 18 USC § 3553(a) and (c)(1) when the district court's explanation was inadequate and failed to properly consider the sentencing factors

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2023)

Attorneys

Robert McKenna
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent