No. 19-5071

Erwin Burley v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance
Key Terms:
Environmental Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almost double the high end of the guideline range without requiring the district court judge to explain why the sentencing guideline range was inadequate, based on the district court's citation to conduct already taken into account in the guideline calculation

Question Presented (from Petition)

QUESTIONS PRESENTED Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almost double the high end of the guideline range without requiring the district court judge to explain why the sentencing guideline range was inadequate, based on the district court’s citation to conduct already taken into account in the guideline calculation. i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-17
Waiver of right of respondent United States to respond filed.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2019)

Attorneys

Erwin Burley
Meghan Collins — Petitioner
Meghan Collins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent