No. 18-9589

Nicholas Bradley Gilbert v. United States

Lower Court: Fifth Circuit
Docketed: 2019-06-07
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: appellate-review criminal-penalties criminal-procedure criminal-procedure-sentencing district-court district-court-discretion felon-possession interstate-commerce sentencing sentencing-factors sentencing-guidelines sentencing-review substantive-reasonableness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Memorandum of respondent United States of America filed.
2019-07-02
Motion to extend the time to file a response from July 8, 2019 to August 7, 2019, submitted to The Clerk.
2019-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 7, 2019.
2019-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Nicholas Bradley Gilbert
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent