No. 19-203

David Greenberg v. United States

Lower Court: Second Circuit
Docketed: 2019-08-16
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review circuit-court-review cooperation-agreement criminal-procedure criminal-sentencing reasonableness reasonableness-of-sentence reasonableness-standard second-circuit sentence-disparity sentencing sentencing-disparities sentencing-guidelines unwarranted-disparity
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Second Circuit err in affirming Petitioner David Greenberg's sentence without addressing the sentencing court's failure to consider the proper weight to be given Greenberg's breach of his cooperation agreement and the sentences of other defendants in order to locate its sentence within the 'boundaries of reasonableness' and the unwarranted disparity of Greenberg's 180-month sentence, a sentence more than double that imposed on any other defendant, without adequate explanation and without consideration of those other sentences?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the Second Circuit err in affirming Petitioner David Greenberg’s sentence without addressing (1) the sentencing court’s failure to consider the proper weight to be given Greenberg’s breach of his cooperation agreement and the sentences of other defendants in order to locate its sentence within the “boundaries of reasonableness” and (2) the unwarranted disparity of Greenberg’s 180-month sentence, a sentence more than double that imposed on any other defendant, without adequate explanation and without consideration of those other sentences?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Waiver of right of respondent United States to respond filed.
2019-08-14
Petition for a writ of certiorari filed. (Response due September 16, 2019)

Attorneys

DAVID GREENBERG
Clinton Warren Calhoun IIICalhoun & Lawrence, LL P, Petitioner
Clinton Warren Calhoun IIICalhoun & Lawrence, LL P, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent