No. 19-5905

Ricky Davis v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-11
Status: Denied
Type: IFP
IFP
Tags: fairness-integrity federal-sentencing guideline-calculation judicial-discretion procedural-error sentencing-guidelines sentencing-proportionality sentencing-uniformity statutory-maximum substantial-rights uniformity-proportionality USSG-5G1.1(a)
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

When this Court held in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018) that a failure to correctly calculate the guideline range, which anchors all sentencing and serves as the benchmark by which all variances are to be measured, is a significant procedural error that typically impacts a defendant's substantial rights and seriously affects the fairness, integrity, and public reputation of judicial proceedings, did this Court intend to carve out an exception for judges that use an inflated Guideline anchor due to a failure to apply U.S.S.G. § 5G1.1(a) so long as the judge understood that he/she could not impose a sentence in excess of the statutory maximum?

Question Presented (OCR Extract)

QUESTION PRESENTED When this Court held in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018) that a failure to correctly calculate the guideline range, which anchors all sentencing and serves as the benchmark by which all variances are to be measured, is a significant procedural error that typically impacts a defendant’s substantial rights and seriously affects the fairness, integrity, and public reputation of judicial proceedings, did this Court intend to carve out an exception for judges that use an inflated Guideline anchor due to a failure to apply U.S.S.G. § 5G1.1(a) so long as the judge understood that he/she could not impose a sentence in excess of the statutory maximum? i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-27
Reply of petitioner Ricky Davis filed.
2020-01-10
Brief of respondent United States of America in opposition filed.
2019-12-11
Motion to extend the time to file a response is granted and the time is further extended to and including January 10, 2020.
2019-12-09
Motion to extend the time to file a response from December 12, 2019 to January 10, 2020, submitted to The Clerk.
2019-11-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 12, 2019.
2019-11-07
Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
2019-10-03
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019.
2019-10-02
Motion to extend the time to file a response from October 11, 2019 to November 12, 2019, submitted to The Clerk.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2019)

Attorneys

Ricky Davis
Peggy SassoOffice of the Federal Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent