No. 18-8395

Janet Sonja Schonewolf v. United States

Lower Court: Third Circuit
Docketed: 2019-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3582 circuit-split criminal-sentencing prison-sentence prison-term rehabilitation sentencing-discretion sentencing-reform-act statutory-interpretation tapia-v-united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether § 3582(a) prohibits sentencing courts from taking rehabilitation into consideration at all in selecting a prison sentence, or whether it merely prohibits them from making rehabilitation the primary or dominant consideration

Question Presented (OCR Extract)

QUESTION PRESENTED The Sentencing Reform Act requires courts to “recogniz[e] that imprisonment is not an appropriate means of promoting correction and rehabilitation.” 18 U.S.C. § 3582(a). In Tapia v. United States, 564 U.S. 319 (2011), this Court held that § 3582(a) “precludes sentencing courts from imposing or lengthening a prison term to promote an offender’s rehabilitation.” Jd. at 332. The question presented is whether § 3582(a) prohibits sentencing courts from taking rehabilitation into consideration at a// in selecting a prison sentence (as the Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits have held), or whether it merely prohibits them from making rehabilitation the primary or dominant consideration in selecting a prison sentence (as the First, Second, Third, Fourth, Fifth, and Eighth Circuits have held). i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States of America to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

Janet Schonewolf
Robert EpsteinFederal Community Defender Office for the EDPA, Petitioner
Robert EpsteinFederal Community Defender Office for the EDPA, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent