No. 23-7812

Akohomen Ighedoise v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights
Latest Conference: 2024-09-30
Question Presented (from Petition)

1) Whether a Judge abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to deceive the district court and thereby become a militating factor to 18 USC § 3553(a) which is then used rather than a mitigating factor per upward departure from the applicable guidelines range; and whether this circumstance violates a defendant's substantive rights.

2) Whether a prosecutor commits a Breach of the Plea Agreement by remaining silent when the district court upwardly departs from the sentencing range that the Government has bound itself to recommend in the Plea Agreement; or whether the Government has a duty to object to the upward departure in such a circumstance.

3) Whether the US Postal Service delays have now rendered Federal Prisoner's Electronic Filing of Court documents and/or the Internet lack of access to (for such) Unconstitutional for Lack of Access to the Courts.

Question Presented (AI Summary)

Whether a Judge Abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to deceive the district court and thereby become a militating factor, rather than a mitigating factor per 18 USC § 3553(a) which is then used to justify an upward departure from the applicable guidelines range; and whether this circumstance violates a defendant's substantive rights

Docket Entries

2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-12
Waiver of United States of right to respond submitted.
2024-07-12
Waiver of right of respondent United States to respond filed.
2024-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2024)

Attorneys

Akohomen Ighedoise
Akohomen Ighedoise — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent