No. 23-6169

Juan Carlos Soto v. United States

Lower Court: Fourth Circuit
Docketed: 2023-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-USC-3553 appeal appellate-review criminal-procedure double-jeopardy due-process federal-sentencing ninth-circuit-court remand sentencing sentencing-guidelines
Latest Conference: 2024-01-05
Question Presented (from Petition)

A. Selective Remand

Petitioner asks: Why does the 4th Circuit Court of appeals Remand (Almost Cases Where Not all of the appellant's Non-Frivolous Parting arguments are Not addressed by the Dispositive Court, but Denies remand in the instant Case. Is a District Court Justice Required to address all 13 USC. § 3553(a) Factors or similarly it "Central Thesis" of counsel arguments When imposing a Sentence?

B. Double Jeopardy (Non-binding question) Substantially Excessive Sentence

Petitioner asks: Is a Federal Sentence that is imposed +40 fun Consecutively With an Undischarged State Sentence Substantially Excessive when the total time Served exceeds the PSR Guidance range? Does such Sentence Constitute Double Jeopardy When Work Sentences Required From the Same Course of conduct?

Question Presented (AI Summary)

Why does the Yeh Circuit Court of appeals Remand (Wmost Cases Where all of the appeal ant's Non-Frivolous Sentencing arguments are Not addressed by the District Court, but Denies remand in the instant Case?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-12
Waiver of right of respondent United States to respond filed.
2023-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Juan Carlos Soto
Juan Carlos Soto — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent