No. 19-5743

Michael Dewayne Hegwood v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553 18-usc-3582 binding-precedent career-offender criminal-procedure criminal-resentencing federal-jurisdiction first-step-act jurisdiction sentencing sentencing-reduction statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the First Step Act authorize a court to 'impose' a reduced sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and 3582(a), or does it only authorize a court to 'modify' a sentence under 18 U.S.C. § 3582(c)?

Question Presented (from Petition)

QUESTIONS PRESENTED In 2010, petitioner Michael Dewayne Hegwood was sentenced as a career offender to 200 months in prison for a drug trafficking offense. Under the First Step Act, the district court in 2019 resentenced petitioner as a career offender to 153 months in prison, but stated that the Act did not authorize it to apply recent circuit precedent showing that Mr. Hegwood was not a career offender in light of Mathis v. United States, 136 S. Ct. 2243 (2016). On appeal, the Fifth Circuit affirmed holding that the First Step Act only authorized the district court to “modify” the sentence notwithstanding the Act’s language authorizing the district court to “impose” a reduced sentence rather than to “modify” a sentence previously imposed. The questions presented are: 1. Does the First Step Act authorize a court to “impose” a reduced sentence in accordance with such statutes as 18 U.S.C. §§ 3553(a) and 3582(a), or does it only authorize a court to “modify” a sentence under 18 U.S.C. § 3582(c)? IL. Does the First Step Act authorize a court to “impose” a reduced sentence using current binding case law that applies to the Act’s change in the sentencing calculations, or does it require a court to “modify” the sentence by applying only the Act’s change in the sentencing calculations while ignoring binding case law that applies to the change? i

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent United States of America to respond filed.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2019)

Attorneys

Michael Dewayne Hegwood
H. Michael SokolowFederal Public Defender, Petitioner
H. Michael SokolowFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent