No. 18-8451

Luciano Garcia v. United States

Lower Court: Tenth Circuit
Docketed: 2019-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with this Court's rulings in Gall and Rita, which expect a district court to engage the merits of the request so that appellate courts have the information necessary to conduct a meaningful review?

Question Presented (OCR Extract)

Question Presented For Review Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with this Court’s rulings in Gall and Rita, which expect a district court to engage the merits of the request so that appellate courts have the information necessary to conduct a meaningful review? 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 to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)

Attorneys

Luciano Garcia
John F. RobbenhaarFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent