No. 18-8239

Negus Thomas v. United States

Lower Court: Second Circuit
Docketed: 2019-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing
Key Terms:
Securities Immigration
Latest Conference: 2019-03-29
Related Cases: 18-7944 (Vide)
Question Presented (AI Summary)

Whether the district court erred in declining to resentence the defendant-Petitioner on remand

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW On a Crosby remand, the district court decided not to resentence the defendants. On a Jacobson remand, the district court again decided not to resentence the defendants. The United States Court of Appeals for the Second Circuit reviewed a decision not to resentence for reasonableness. Did the Court of Appeals err when it decided that the district court acted reasonably when it declined to resentence the 2

Docket Entries

2019-04-01
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent United States of America to respond filed.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)

Attorneys

Negus Thomas
David J. WencBaram, Tapper & Gans, LLC, Petitioner
David J. WencBaram, Tapper & Gans, LLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent