No. 18-9456

Gary Giovon Lynn v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons constitutional-law federal-bureau-of-prisons federal-sentencing nunc-pro-tunc procedural-error sentencing sentencing-authority sentencing-procedure-error separation-of-powers setser-v-united-states ussg-5g1-3c
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

When the district court failed to follow the Court's ruling in Setser v. United States, 566 U.S. 231 (2012) at sentencing did it engage in an impermissible delegation of authority to the Federal Bureau of Prisons to make nunc pro tunc rulings on a federal sentence's concurrent or consecutive nature with respect to a probable future state term of imprisonment for related conduct by making the Bureau of Prisons responsible for making the nunc pro tunc ruling, therefore violating the fundamental constitutional principle of the separation of powers between branches?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. When the district court failed to follow the Court’s ruling in Setser v. United States, 566 U.S. 231 (2012) at sentencing did it engage in an impermissible delegation of authority to the Federal Bureau of Prisons to make nunc pro tunc rulings on a federal sentence’s concurrent or consecutive nature with respect to a probable future state term of imprisonment for related conduct by making the Bureau of Prisons responsible for making the nunc pro tunc ruling, therefore violating the fundamental constitutional principle of the separation of powers between branches? II. Did the court’s failure to apply U.S.S.G. § 5G1.3(c) and Setser at sentencing constitute reversible procedural error for failure to follow appropriate sentencing procedure? i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-11
Waiver of right of respondent United States to respond filed.
2019-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)

Attorneys

Gary Lynn
John A. DubersteinOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent