No. 19-5083

Aaron Clayton McVea v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split criminal-sentencing empirical-basis fifth-circuit fifth-circuit-vs-second-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness second-circuit sentencing-commission sentencing-guidelines
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is a sentence imposed under the methamphetamine sentencing guideline-a guideline crafted without benefit of Sentencing Commission expertise or empirical basis—entitled to a presumption of reasonableness?

Question Presented (OCR Extract)

QUESTION PRESENTED Is a sentence imposed under the methamphetamine sentencing guideline-a guideline crafted without benefit of Sentencing Commission expertise or empirical basis—entitled to a presumption of reasonableness? The Fifth Circuit concluded as much. But its basis for doing so—that a guideline enjoys a presumption of reasonableness regardless of its lack of empirical basis or its promulgation without benefit of Sentencing Commission expertise—conflicts with the Second Circuit’s approach to review of sentences under such a guideline. ii PARTIES Aaron Clayton McVea is the Petitioner; he was the defendant-appellant below. The United States of America, Respondent; it was the plaintiff-appellee below. ili

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent United States of America to respond filed.
2019-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2019)

Attorneys

Aaron Clayton McVea
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent