No. 23-5755
Dewayne Joseph v. United States
Tags: circuit-split discretion discretionary-relief fair-sentencing-act first-step-act retroactive-application sentencing-guidelines
Latest Conference:
2024-02-16
Question Presented (from Petition)
1. Whether district courts have an obligation to calculate revised guidelines to reflect the retroactive effect of the Fair Sentencing Act of 2010 as a benchmark and anchor for exercising their discretion in §404 First Step Act motions?
2. Whether district court orders can be construed as assuming a revised guideline calculation when the order states that it is not deciding any revised guideline calculation.
Question Presented (AI Summary)
Whether district courts have an obligation to calculate revised guidelines to reflect the retroactive effect of the Fair Sentencing Act of 2010 as a benchmark and anchor for exercising their discretion in §404 First Step Act motions?
Docket Entries
2024-02-20
Petition DENIED.
2024-02-14
Reply of petitioner Dewayne Joseph filed. (Distributed)
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-12
Brief of respondent United States in opposition filed.
2023-11-29
Motion to extend the time to file a response is granted and the time is extended to and including January 12, 2024.
2023-11-27
Motion to extend the time to file a response from December 13, 2023 to January 12, 2024, submitted to The Clerk.
2023-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2023.
2023-11-08
Motion to extend the time to file a response from November 13, 2023 to December 13, 2023, submitted to The Clerk.
2023-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)
Attorneys
Dewayne Joseph
Margaret Yvonne Foldes — Federal Public Defender's Office, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent