No. 18-5538

Shawn J. Gieswein v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated that the District Court would have imposed the same sentence on a criminal defendant even when faced with a drastic reduction in the applicable Guidelines range

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated — in conflict with the principles enunciated by this Court in Volina-Martinez v. United States, 578 U.S. __, 1868. Ct. 1838, 194 L. Ed. 2d 444 (2016) and Peugh v. United States, 569 U.S. 530 (2013) and with the approach taken by the Third and Seventh Circuits — that the District Court would have imposed the same sentence on a criminal defendant even when faced with a drastic reduction in the applicable Guidelines range that formed the starting point, anchor and framework of its sentencing decision.

Docket Entries

2019-02-19
Rehearing DENIED. Justice Kagan and Justice Gorsuch took no part in the consideration or decision of this petition.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-10-03
Petition for Rehearing filed.
2018-10-01
Petition DENIED. Justice Kagan and Justice Gorsuch took no part in the consideration or decision of this petition.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent United States to respond filed.
2018-08-10
Notice of notification under Rule 12.3 filed.
2018-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Shawn Gieswein
Gregory W. Stevens — Petitioner
Gregory W. Stevens — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent