No. 23-341

Bobby Lee Ingram v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-10-02
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: apprendi-v-new-jersey concepcion-v-united-states drug-quantity eleventh-circuit fair-sentencing-act first-step-act sentencing sentencing-reduction statutory-penalty terry-v-united-states
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Eleventh Circuit has violated Terry in holding that, at step one, district courts should disregard the "elements" of a defendant's offense, and deny relief based on the drug quantity found by a judge at sentencing?

2. Whether the Eleventh Circuit has violated Concepcion in holding that, at step two, district courts cannot consider an "intervening change[ ] of law": Apprendi's effect on a pre-Apprendi defendant's sentence?

Question Presented (AI Summary)

Whether the Eleventh Circuit has violated Terry in holding that, at step one, district courts should disregard the 'elements' of a defendant's offense, and (i) ll deny relief based on the drug quantity found by a judge at sentencing?

Docket Entries

2024-01-08
Petition DENIED. The Chief Justice took no part in the consideration or decision of this petition.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
2023-12-07
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2023-12-01
Memorandum of respondent United States in opposition filed.
2023-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2023.
2023-10-24
Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
2023-10-02
Motion (23M8) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2023-07-19
MOTION (23M8) DISTRIBUTED for Conference of 9/26/2023.
2023-07-07
Motion (23M8) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2023-07-07

Attorneys

Bobby Lee Ingram
Catherine Emily StetsonHogan Lovells US LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent