No. 25-6845

Michael Henderson v. United States

Lower Court: Fourth Circuit
Docketed: 2026-02-18
Status: Pending
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure drug-offense firearm-enhancement presentence-investigation-report safety-valve-relief sentencing-guidelines
Latest Conference: N/A
Question Presented (from Petition)

I. Whether, under Rule of Criminal Procedure 32(i)(1)(D), a district court's order for additional briefing on safety valve eligibility – which notes that the defendant was not assessed certain Guideline enhancements in the PSR to which the Government failed to object – constitutes "good cause" so as to allow the Government to make untimely objections to the PSR.

II. Whether a district court has an independent responsibility to correctly calculate the advisory Guideline range in which it is not "limited by the parties' arguments or the recommendations in the presentence report."

Question Presented (AI Summary)

Whether a district court's order for additional briefing on safety valve eligibility constitutes good cause under Rule of Criminal Procedure 32(i)(1)(D) to allow the Government to make untimely objections to the presentence investigation report, and whether a district court has an independent responsibility to correctly calculate the advisory Guideline range independent of the parties' arguments

Docket Entries

2026-02-25
Waiver of United States of right to respond submitted.
2026-02-25
Waiver of right of respondent United States to respond filed.
2026-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2026)

Attorneys

Michael Henderson
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
D. John SauerSolicitor General, Respondent