No. 18-6067

Edward Lee Lewis v. United States

Lower Court: Fourth Circuit
Docketed: 2018-09-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the appropriate standard of review for a sentence following the revocation of supervised release is the plainly unreasonable' standard or the 'reasonableness' standard

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the appropriate standard of review for a sentence following the revocation of supervised release is the “plainly unreasonable” standard once found in 18 U.S.C. § 3742(e) or the “reasonableness” standard announced by this Court in United States v. Booker, 543 U.S. 220 (2005). 2. Whether it was unreasonable (or plainly so) for the district court to impose an eighteen-month revocation sentence on a defendant who was originally incorrectly classified for sentencing under the Armed Career Criminal Act, 18 U.S.C. § 924(e), without any consideration of the time that defendant had overserved due to that erroneous designation.

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-28
Waiver of right of respondent United States to respond filed.
2018-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2018)

Attorneys

Edward Lewis
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent