No. 18-9306

Shawn Sayer v. United States

Lower Court: First Circuit
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance
Key Terms:
HabeasCorpus
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sentence was greater than necessary pursuant to 18 U.S.C. § 3553(a)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sentence was greater than necessary pursuant to 18 U.S.C. § 3553(a). Whether the explanation given by the circuit court may have been adequate to impose an upward variant, but inadequate to impose the maximum possible sentence. Il. Whether the district court violated due process by imposing the maximum possible sentence where the court rested its decision on the blanket assertion that it accepted the probation officer’s report in it’s entirety, knowing the defense felt the report was factually inaccurate. -i

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States of America to respond filed.
2019-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Shawn Sayer
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent