No. 18-5554

Carlos Troche-Alvarado v. United States

Lower Court: First Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-U.S.C-3553 18-usc-3553 above-guidelines-sentence adequate-explanation appellate-review criminal-sentencing district-court-discretion erroneous-factual-basis judicial-discretion procedural-reasonableness prosecution-recommended-sentence sentencing-factors sentencing-guidelines statutory-interpretation
Key Terms:
Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution's recommended sentence, without providing any coherent explanation for the chosen sentence beyond an erroneous factual basis and a rote recitation of the required sentencing factors

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented is as follows: The First Circuit held that the district court did not abuse its discretion when it imposed an above-Guidelines sentence, which also exceeded the prosecution’s recommended sentence, after relying on an erroneous fact as the justification for the excessive sentence and then, once the error was called to its attention, providing no other meaningful justification for the above-Guidelines sentence. The question presented in this petition is: Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution’s recommended sentence, without providing any coherent explanation for the chosen sentence beyond an erroneous factual basis and a rote recitation of the required sentencing factors.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

Carlos Troche-Alvarado
Joshua L. SolomonPollack Solomon Duffy LLP, Petitioner
Joshua L. SolomonPollack Solomon Duffy LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent