No. 18-6729

Jesus Santiago v. United States

Lower Court: Second Circuit
Docketed: 2018-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-court-review civil-procedure criminal-procedure district-court due-process guidelines-calculation guidelines-range judicial-discretion sentencing-determination sentencing-guidelines upward-variance
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a circuit court can competently conclude that the Sentencing Guidelines were immaterial to a district court's sentencing determination

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a circuit court can competently conclude that the Sentencing Guidelines were immaterial to a district court’s sentencing determination where the district court imposed an upward variance more than twice the top end of the correctly calculated Guidelines range, and characterized this sentence as “slightly below the Guidelines” by reference to the much higher, erroneously calculated Guidelines range.

Docket Entries

2019-01-07
Petition DENIED.
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-26
Waiver of right of respondent United States to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2018)

Attorneys

Jesus Santiago
James P. MaguireOffice of the Federal Defender, Petitioner
James P. MaguireOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent