No. 18-8145

Desmond Farmer v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-782 assault criminal-classification criminal-history drug-abuse drug-offense drug-offenses due-process equal-protection family-member judicial-discretion non-violent-offense sentencing-guidelines sentencing-reduction violent-offender
Key Terms:
DueProcess
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether the court erred in deeming the petitioner as a 'violent offender' instead of a 'drug abuser' and using that as a reason to deny a sentence reduction

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The District Court for the Eastern District of North Carolina, Western Division denied the petitioner a reduction .in his sentence under 3582 and Amendment 782 by deeming the petitioner as a "violent criminal “,.when in fact he had "non-violent drug offenses based upon his drug and alcohol issues and only 1 assault which occured between him and his family member". Therefore, the question for the Court is whether the Court erred in deeming the petitioner es a"violent offender instead of a drug abuser" and then using the same reason to deem the petitioner as a threat to society and denying any reduction in his sentence? (i)

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-05
Waiver of right of respondent United States to respond filed.
2019-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Desmond Farmer
Desmond Farmer — Petitioner
Desmond Farmer — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent