No. 19-5412

Jean Claude Phillip McKenzie v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the district court's upward variance in sentencing was proper

Question Presented (OCR Extract)

QUESTION PRESENTED : WHETHER THE SIXTH CIRCUIT COURT OF APPEALS SUFFICIENTLY DETERMINED THAT THE DISTRICT COURT’S UPWARD VARIANCE IN ITS SENTENCING OF PETITIONER BY 31 MONTHS TO IMPOSE A SENTENCE OF 71 MONTHS AND IN DOING SO PLACED TOO MUCH EMPHASIS ON 18 U.S.C. § 3553(a) SENTENCING FACTORS NATURE AND CIRCUMSTANCES OF THE CASE AND TOO LITTLE EMPHASIS ON THE HISTORY AND CHARACTERISTICS OF PETITIONER? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States of America to respond filed.
2019-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)

Attorneys

Jean Claude McKenzie
Nathan Allan RayBurdon & Merlitti, Petitioner
Nathan Allan RayBurdon & Merlitti, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent