No. 22-7121

Christopher Barret v. United States

Lower Court: Second Circuit
Docketed: 2023-03-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 criminal-procedure de-novo-resentencing de-novo-review direct-appeal resentencing sentencing sentencing-discretion vacatur
Latest Conference: 2023-04-21
Question Presented (from Petition)

1. Whether, following the vacatur of one or more counts, either pursuant to a direct appeal or a 28 U.S.C. § 2255 motion, a district court must conduct a full de novo resentencing?

2. Whether, even if district courts are required to hold full resentencings following vacatur on direct appeal, 28 U.S.C. § 2255 nevertheless gives courts discretion to hold limited proceedings rather than full de novo resentencings following vacatur of a count of conviction on a 28 U.S.C. § 2255 motion?

Question Presented (AI Summary)

Whether district courts must conduct full de novo resentencing following vacatur of one or more counts

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-30
Waiver of right of respondent United States to respond filed.
2023-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2023)

Attorneys

Christopher Barret
Brendan Meyer WhiteWhite & White, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent