No. 18-6692

Richard D. Waterson, II v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing double-counting fairness justice procedural-reasonableness reasonableness recidivism recidivism-risk sentencing-enhancement sentencing-enhancements sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the sentence imposed on the petitioner was procedurally unreasonable

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether in the exercise of its supervisory jurisdiction over the Courts of the United States, this Court should determine that the sentence imposed on Petitioner Richard D. Waterson, II (480 months in prison, comprised of 360 months imprisonment, plus a consecutive term of 120 months, was procedurally unreasonable because: (1) The sentence imposed, 480 months in prison, is procedurally unreasonable because the risk of recidivism decreases substantially as the defendant ages, and it far exceeds what a necessary sentence that meets all goals for sentencing, in violation of all notions of fairness, justice, and reasonableness? And (2) the district court improperly double-counted the Petitioner’s prior conduct when it applied two separate five-point sentencing enhancements, all in violation of all notions of fairness, justice, and reasonableness in sentencing, and the goal of sentencing to impose a i sentence that is sufficient but not excessive to meet all of the requirements of an appropriate sentence based not only upon the defendant’s background, but also in combination with the nature and severity of the offenses of conviction?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)

Attorneys

Richard Waterson
Sheryl Joyce LowenthalAttorney at Law, Petitioner
Sheryl Joyce LowenthalAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent