No. 18-919

Robert R. Davies v. United States

Lower Court: Third Circuit
Docketed: 2019-01-16
Status: Denied
Type: Paid
Response Waived
Tags: criminal-sentencing district-court-discretion guidelines-range interest-of-justice presumption-of-reasonableness public-perception sentencing-factors sentencing-guidelines sentencing-intent sentencing-procedures sentencing-reliability unjust-procedures
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether a sentence that lacks reliability because of unjust procedures satisfies the 'interest of justice' prong of 18 U.S.C. §3583(e)(1)

Question Presented (OCR Extract)

QUESTION PRESENTED A criminal sentence is a package of sanctions that the district court utilizes to effectuate its sentencing intent, but a district court’s original sentencing intent may be undermined by altering one portion of the calculus. See Pepper v. United States, 131 S.Ct. 1229, 1251 (2011). If a district court cannot properly determine whether, considering all sentencing factors, including the correct Guidelines range, a sentence is “sufficient, but not greater than necessary,” 18 U.S.C. §3553(a), the resulting sentence would not bear the reliability that would support a “presumption of reasonableness” on review. Sée Gall v. United States, 552 U.S. 38, 51 (2007). And regardless of its ultimate reasonableness, a sentence that lacks reliability because of unjust procedures may well undermine public perception of the proceedings. See RosalesMireles v. United States, 138 S.Ct. 1897, 1903 (2018). The question presented is whether, and to what extent, a sentence that lacks reliability because of unjust procedures satisfies the “interest of justice” prong of 18 U.S.C. §3583(e)(1).

Docket Entries

2019-02-25
Petition DENIED.
2019-02-15
Supplemental brief of petitioner Robert R. Davies filed. (Distributed)
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-28
Waiver of right of respondent United States to respond filed.
2019-01-12
Petition for a writ of certiorari filed. (Response due February 15, 2019)
2018-10-24
Application (18A425) granted by Justice Alito extending the time to file until January 14, 2019.
2018-10-16
Application (18A425) to extend the time to file a petition for a writ of certiorari from November 15, 2018 to January 14, 2019, submitted to Justice Alito.

Attorneys

Robert R. Davies
Robert R. Davies — Petitioner
Robert R. Davies — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent