No. 18-8010

Alimamy Barrie v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-retroactivity criminal-sentencing direct-appeal resentencing sentence-reduction sentencing-commission sentencing-guidelines statutory-interpretation
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the petitioner is eligible for resentencing under 18 U.S.C. §3582(c)(2) when amendments relevant to the case were enacted by the Sentencing Commission during the pendency of the direct appeal

Question Presented (OCR Extract)

Questions Presented for Review A. Whether Under 18 U.S.C. §3582 (C) (2) should the Petitioner be eligible for a resentencing when two clariying amendments relevent to his case was enacted by the Sentencing Commission during the pendency of his direct appeal when such is consistent with applicable policy . statement issued by the Sentencing Commission : under U.S.S.G. 1bl.11 (b) (2) but not listed under 1b1.10 as some circuits have held. . B. Whether under 18 U.S.C. § 3582 (C)(2) is the Petitioner eligible for a sentence reduction based on a sentencing range that has subsequently been lowered by the Sentencing Commission during : . the pendency of his direct appeal when the . amendment is not listed under U.S.S.G. 1b1.10. (ii) II.

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2019)

Attorneys

Alimamy Barrie
Alimamy Barrie — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent