No. 18-16

Larone Frederick Elijah v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

When a criminal defendant argues that a district court made an error in calculating his United States Sentencing Guidelines range resulting in a sentence that was a nearly 700% upward variance from the correct range, should an appellate court be permitted to skip right to a substantive reasonableness analysis, presuming for purposes of harmless error review that the district court would have awarded the same sentence even if it had decided the Guidelines issue in the defendant's favor based only on the district court's conclusory assertion that it would have issued the same sentence as an alternative variance sentence

Question Presented (from Petition)

QUESTION PRESENTED In Rosales-Mireles, 138 8. Ct. 1897 (2018), this Court held that “before a court of appeals can consider the substantive reasonableness of a sentence, [i]t must first ensure that the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range.” 13858. Ct. at 1910. The question presented by the Petition is this: When a criminal defendant argues that a district court made an error in calculating his United States Sentencing Guidelines range resulting in a sentence that was a nearly 700% upward variance from the correct range, should an appellate court be permitted to skip right to a substantive reasonableness analysis, presuming for purposes of harmless error review, that the district court would have awarded the same sentence even if it had decided the Guidelines issue in the defendant’s favor based only on the district court’s conclusory assertion that it would have issued the same sentence as an alternative variance sentence.

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-28
Reply of petitioner Larone Frederick Elijah filed. (Distributed)
2018-11-09
Brief of respondent United States in opposition filed.
2018-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2018.
2018-10-04
Motion to extend the time to file a response from October 10, 2018 to November 9, 2018, submitted to The Clerk.
2018-09-06
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2018.
2018-09-05
Motion to extend the time to file a response from September 10, 2018 to October 10, 2018, submitted to The Clerk.
2018-08-10
Response Requested. (Due September 10, 2018)
2018-07-18
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-07-02
Petition for a writ of certiorari filed. (Response due August 1, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Larone Frederick Elijah
Providence E. NapoleonAllen & Overy LLP, Petitioner
Providence E. NapoleonAllen & Overy LLP, Petitioner