No. 18-5898

Armando Castillo Valerio v. United States

Lower Court: Eighth Circuit
Docketed: 2018-09-05
Status: Denied
Type: IFP
IFP
Tags: appellate-review booker circuit-split criminal-sentencing downward-departure gall judicial-discretion sentencing-guidelines standard-of-review
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a district court's denial of a motion for downward departure is reviewable and the appropriate standard to apply for such review

Question Presented (OCR Extract)

QUESTION PRESENTED I. WHETHER THIS COURT SHOULD RESOLVE THE SPLIT AMONG THE CIRCUITS REGARDING WHETHER A DISTRICT COURT'S DENIAL OFA MOTION FOR DOWNWARD DEPARTURE IS REVIEWABLE AND, IF SO, THE APPROPRIATE STANDARD TO APPLY FOR SUCH REVIEW? ney

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Brief of respondent United States in opposition filed.
2018-11-05
Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
2018-11-02
Motion to extend the time to file a response from November 5, 2018 to December 5, 2018, submitted to The Clerk.
2018-09-27
Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2018.
2018-09-26
Motion to extend the time to file a response from October 5, 2018 to November 5, 2018, submitted to The Clerk.
2018-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2018)

Attorneys

Armando Castillo Valerio
Michael Kevin LahammerLahammer Law Firm, P.C., Petitioner
Michael Kevin LahammerLahammer Law Firm, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent