No. 19-7092

Laforest Carmichael, aka LaForrest Carmichael v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-12-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) 18-usc-3553a circuit-split mandatory-revocation sentencing-factors statutory-maximum substantive-reasonableness supervised-release
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when imposing a sentence for a supervised release violation that requires mandatory revocation

Question Presented (OCR Extract)

QUESTIONS PRESENTED Should this Court resolve the current circuit split over whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when imposing a sentence for a supervised release violation that requires mandatory revocation? Where there is a five-year gap between a supervised release violation and probation’s petition to revoke release on that violation, and during that period the supervisee has no other violations, is it substantively unreasonable to impose a statutory maximum three-year sentence for the violation? i LIST OF RELATED CASES 1. United States v. Carmichael, Case No. U.S. District Court for the Northern District of Alabama. Judgment entered on February 7, 2019. 2. United States v. Laforest Carmichael, No. 19-10652, U.S. Court of Appeals for the Eleventh Circuit. Opinion entered on September 26, 2019. ii

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-06
Waiver of right of respondent United States to respond filed.
2019-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2020)

Attorneys

Laforest Carmichael
Alexandria DarbyOffice of the Federal Public Defender for the Northern District of Alabama, Petitioner
Alexandria DarbyOffice of the Federal Public Defender for the Northern District of Alabama, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent