No. 19-6255

Kunta Kenta Redd v. United States

Lower Court: Fourth Circuit
Docketed: 2019-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crack-cocaine crack-cocaine-sentencing criminal-justice-reform due-process first-step-act retroactivity section-404 sentencing-disparity sentencing-guidelines sentencing-reform sixth-amendment statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Whether the petitioner is entitled to relief from denial of a 404 motion at the district court level in light of the First Step Act

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whecher we, the Petitioner, is entitied to Relief from deniai 404 motion at the District Court level in light of the First Step Act, December 21st, 2018. Section 404 “state” any person who was sentenced before August 3rd, 2010, is now entitled to a reduced sentence due to the crack. cocaine calculation sshouid be adjusted from 1060/1 to 18/1. Due te the nature of congress provisions cf due process constitutionaily fetroactive scheduled. Due to my presentence invesitgation report shows that ny ; case qualified for stature modification under the disaprity of crack cocaine. Under Congress’ guidelines policy 18 U.S.C. § 3553-A 23 D.S.C. § $94(£) and § 991{b)(i), the maximum of the guideline range cannot exceed the minioum by more than 25 percent or six wonths correctly applied under 26 U.S.C. § 994(b)(2), also violating the Sixth Amendment. ae

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-21
Waiver of right of respondent United States to respond filed.
2019-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2019)

Attorneys

Kunta Kenta Redd
Kunta Redd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent