No. 18-5699

Chuck Wayne Boyd v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 3553-factors 3582-modification criminal-sentencing discretion inmate-progress judicial-discretion post-sentence-history pre-sentence-history sentence-reduction sentencing-guidelines usg-amendment-782
Key Terms:
SocialSecurity
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the court abused its discretion in denying a sentence reduction under 18 U.S.C. § 3582 and U.S.S.G. Amendment 782 without adequately explaining its reasons and considering the defendant's pre-sentence and post-sentence history

Question Presented (OCR Extract)

QUESTION(S) PRESENTED When considering a sentence reduction under 18 U.S.C.§ 3582 and U.S.S.G. Amendment 782, does the court abuse it's discretion by not explaining the reasons behind it's denial, taking into equal consideration the Petitioner's pre-sentence history as well as the post-sentence history, which includes the Petitioner's progress as an inmate in a penal institution, when the court considers 18 U.S.C. § 3553 factors to determine a sentence reduct-— ion is unwarranted based on the Petitioner's sentence being already "lenient"? Note: The U.S. Supreme Court is presently considering a similar issue, having granted certiorari in United States v. ChavezMaza, 854 F.3d 655 (10th Cir. 2017) in case No. 17-5639.

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-28
Waiver of right of respondent United States to respond filed.
2018-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Chuck Wayne Boyd
Chuck Wayne Boyd — Petitioner
Chuck Wayne Boyd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent