No. 18-8675

Joshua Sedillo v. United States

Lower Court: Tenth Circuit
Docketed: 2019-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure appellate-review circuit-precedent criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance variance
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-09
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 (from Petition)

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

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondent United States to respond filed.
2019-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2019)
2019-02-11
Application (18A817) granted by Justice Sotomayor extending the time to file until March 28, 2019.
2019-02-05
Application (18A817) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to March 28, 2019, submitted to Justice Sotomayor.

Attorneys

Joshua Sedillo
Margaret Ann KatzeFederal Public Defender, Petitioner
Margaret Ann KatzeFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent