No. 19-5027

Eddie David Cox v. United States

Lower Court: Eighth Circuit
Docketed: 2019-07-01
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: criminal-procedure criminal-procedure-rehaif-v-united-states,sentenci double-jeopardy eighth-circuit guidelines-calculation procedural-error rehaif-standard rehaif-v-united-states resentencing section-2241 sentencing sentencing-review
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, whether Cox is entitled to relief from his conviction in light of Rehaif v. United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, in the first instance, whether Cox is entitled to relief from his conviction in light of Rehaif v. United States, 2019 WL 2552487 (2019)? 2. Does an original sentencing court have authority to resentence following a grant of 28 U.S.C. § 2241 relief by a different district court? 3. Does a district court commit procedural error when resentencing a defendant by basing its new sentence on the original sentence that was imposed? 4. Is asentence of 966 months on an octogenarian, a 360 percent increase above the high end of the Guidelines, substantively unreasonable? 5. Does the Double Jeopardy Clause bar a court from resentencing a defendant on counts for sentences that have already been served? i

Docket Entries

2019-11-18
JUDGMENT ISSUED.
2019-10-15
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).
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-08-30
Memorandum of respondent United States filed.
2019-07-25
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2019.
2019-07-24
Motion to extend the time to file a response from July 31, 2019 to August 30, 2019, submitted to The Clerk.
2019-06-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Eddie Cox
Zachary Lee NewlandBrandon Sample PLC, Petitioner
Zachary Lee NewlandBrandon Sample PLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent