No. 18-5968
In Re Jose Prisciliano Gracia-Cantu
Response WaivedIFP
Tags: abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2018-10-12
Question Presented (AI Summary)
Whether a federal court of appeals can stay its mandate for more than five months, thereby keeping a federal prisoner in jail under an unreasonable sentence, to see if the law might change in the future
Question Presented (from Petition)
QUESTION PRESENTED After it has issued a decision holding that a federal prisoner is entitled to resentencing due to a Sentencing Guidelines calculation error, can a federal court of appeals stay its mandate for more than five months, thereby keeping the defendant in jail under an unreasonable sentence, to see if the law might change in the future? 1
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-20
Waiver of right of respondent United States to respond filed.
2018-09-06
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)
Attorneys
Jose Prisciliano Gracia-Cantu
Kayla Gassmann — Federal Public Defender's Office, Petitioner
Kayla Gassmann — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent