No. 23-5699

Jose J. Galiany-Cruz v. United States

Lower Court: First Circuit
Docketed: 2023-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines
Latest Conference: 2023-10-27
Question Presented (from Petition)

Does a district court have the authority to determine what constitutes "extra ordinary and compelling reasons " warranting compassionate release or are they mandated to follow the United States Sentencing Guidelines?

Question Presented (AI Summary)

Does a district court have the authority to determine what constitutes 'extraordinary and compelling reasons' warranting compassionate release or are they mandated to follow the United States Sentencing Guidelines?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
Waiver of right of respondent United States to respond filed.
Main DocumentMain Document
2023-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2023)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Jose J. Galiany-Cruz
Jose J. Galiany-Cruz — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent