No. 23-5698

Roy Christopher West v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-split compassionate-release concepcion-v-united-states district-court-discretion equal-protection extraordinary-and-compelling-reasons first-step-act judicial-discretion sentencing-disparity
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (from Petition)

1) Whether the Sixth Circuit's Threshold Determination of No Compelling Reasons Under the First Step Act of 2018 for Compassionate Release is Erroneous and Overly Searching and Violates the Law Given to the District Court Code's Discretion Explained in Conception v. United States, 142 S. Ct. 2389 (2022). For extraordinary

2) Whether a Sentencing Disparity Created by Non-Retroactive Changes to a Mandatory Sentencing Scheme Can Constitute an Extraordinary and Compelling Reason to Stand for Compassionate Release Under 18 U.S.C. § 3582(e)(1)(A), Denying Petitioner's Born or Indicted in the District Circuits that Say "No" Equal Protection that Other Petitioners are Receiving in the Circuits that Say "Yes" Prior to the

3) Whether the Sixth Circuit's Discretion as Decision to Fix a New Compassionate Release Sentence Made by the Courts and the Office(s) of the Court Through the Compassionate Release Statute are Erroneous and Warrants Habeas Review by State Courts Inspect Judge's Reversal of

Question Presented (AI Summary)

Whether the Sixth Circuit's threshold for extraordinary and compelling reasons under the First Step Act of 2018 Compassionate Release is erroneous and overly searching and violates the law given to the District Court judges' discretion explained in Concepcion v. United States, 142 S. Ct. 2364 (2022)

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2024-01-19
Brief of respondent United States in opposition filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 19, 2024.
2023-12-12
Motion to extend the time to file a response from December 20, 2023 to January 19, 2024, submitted to The Clerk.
2023-11-15
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2023.
2023-11-14
Motion to extend the time to file a response from November 20, 2023 to December 20, 2023, submitted to The Clerk.
2023-10-19
Response Requested. (Due November 20, 2023)
2023-10-13
Letter from counsel for petioner submitted.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-05
Waiver of right of respondent United States to respond filed.
2023-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

Roy Christopher West
Madeline Hennie MethBoston University School of Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent