No. 18-6732

Myron Gerald Stevens v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorrect legal standard which required "significant factors" to deny Stevens' request for a downward variance from the advisory guidelines, and the court failed to recognize it's discretion to vary from the guidelines based upon a disagreement with the sentencing guidelines?

2. Did the trial court unreasonably impose a life sentence where it unreasonably balanced the sentencing factors by giving undue weight to the recommended sentence and too little weight to circumstances of the offense, proportionality, and mitigation factors?

Question Presented (AI Summary)

Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorrect legal standard which required 'significant factors' to deny Stevens' request for a downward variance from the advisory guidelines, and the court failed to recognize it's discretion to vary from the guidelines based upon a disagreement with the sentencing guidelines?

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.
2018-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2018)
2018-10-10
Application (18A374) granted by Justice Thomas extending the time to file until November 14, 2018.
2018-10-04
Application (18A374) to extend the time to file a petition for a writ of certiorari from October 15, 2018 to November 14, 2018, submitted to Justice Thomas.

Attorneys

Myron Stevens
Carlos Alfredo Jamieson WilliamsSDAL Federal Defenders Organization, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent