Nicholas Bradley Gilbert v. United States
SocialSecurity Securities Immigration
Whether substantive reasonableness review requires or permits the courts of appeals to 'substantively second guess' the district court and/or to 'reweigh the sentencing factors?
QUESTIONS PRESENTED FOR REVIEW 1. Whether substantive reasonableness review requires or permits the courts of appeals to “substantively second guess” the district court and/or to “reweigh the sentencing factors’’? SUBSIDIARY QUESTION: Whether the Court should hold the case pending the resolution of Holguin-Hernandez v. United States, No. 18-7739, 2019 WL 429919, _S.Ct._, U.S. (June 3, 2019)(granting certiorari), and potentially grant certiorari, vacate the judgment below, and remand in light of that case? 2. Whether 18 U.S.C. §924(a) provides for criminal penalties to felons who possess firearms in interstate commerce absent proof that they knew of their felon status, or of the firearm’s movement in interstate commerce? SUBSIDIARY QUESTION: Whether the Court should hold the case pending the resolution of Rehaif v. United States, No. 17-9560, _U.S.__, 139 S.Ct. 914 (Jan. 11, 2019)(granting certiorari), and potentially grant certiorari, vacate the judgment below, and remand in light of that case? ii PARTIES Nicholas Bradley Gilbert is the Petitioner, who was the defendant-appellant below. The United States of America is the Respondent, who was the plaintiff-appellee below. ili