No. 22-7451
Bennie C. Rivera v. United States
Response WaivedIFP
Tags: abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation
Latest Conference:
2023-06-01
Question Presented (from Petition)
DID JUDGE JOHN ANTON II, UNITED STATES DISTRICT COURT JUDGE ABUSE HIS DISCRETION WHEN HE DENIED THE PETITIONER'S MOTION IN PURSUANT TO THE FIRST STEP ACT OF 2018 AND THE FAIR SENTENCE ACT OF 2010 SECTION 404 (B) WITHOUT HEARING IT ON THE MERITS?
Question Presented (AI Summary)
Did Judge John Anton II abuse his discretion in denying the petitioner's motion under the First Step Act and Fair Sentence Act without a hearing?
Docket Entries
2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-10
Waiver of right of respondent United States to respond filed.
2023-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2023)
Attorneys
Bennie C. Rivera
Bennie C. Rivera — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent