No. 24-5934
Richard Balter v. United States
Response WaivedIFP
Tags: compassionate-release constitutional-review judicial-discretion pre-booker-sentencing sentencing-discretion united-states-sentencing-commission
Latest Conference:
2024-12-06
Question Presented (from Petition)
Whether a District Court has the Discretion to Decline to Follow the United States Sentencing Commission's Policy Statement U. S. S. G. 1B1.13(b)(6), And Whether It is Constitutional to Rely Exclusively on a Pre-Booker Mandatory Sentence in Denying a Motion For Compassionate Release Without Considering the Totality of Circumstances Pursuant to 18 U. S. C. 3553(a)?
Question Presented (AI Summary)
Whether a District Court has the Discretion to Decline to Follow the United States Sentencing Commission's Policy Statement and Whether It is Constitutional to Rely Exclusively on a Pre-Booker Mandatory Sentence in Denying a Motion For Compassionate Release Without Considering the Totality of Circumstances
Docket Entries
2024-12-09
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-13
Waiver of United States of right to respond submitted.
2024-11-13
Waiver of right of respondent United States to respond filed.
2024-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2024)
Attorneys
Richard Balter
Richard Balter — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent