No. 19-7188

John Jay Powers v. M. L. Stancil

Lower Court: Tenth Circuit
Docketed: 2020-01-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-usc-3584 18-usc-3584a administrative-deference administrative-law bureau-of-prisons criminal-procedure criminal-sentencing deference federal-bureau-of-prisons federal-courts federal-sentencing sentencing-interpretation statutory-ambiguity statutory-interpretation
Key Terms:
AdministrativeLaw
Latest Conference: 2020-06-11 (distributed 2 times)
Question Presented (AI Summary)

Is the language of 18 U.S.C. 3584(a)'s phrase 'at the same time' ambiguous?

Question Presented (from Petition)

QUESTION(S) PRESENTED FOR THE FIRST TIME IN ANY OF THE CIRCUITS, THE TENTH CIRCUIT HELD THE LANGUAGE OF 18 U.S.C. 3584(a)'S PHRASE "AT THE SAME TIME" TO BE AMBIGUOUS. THE TENTH CIRCUIT THEN DEFERRED TO THE FEDERAL BUREAU OF PRISON'S INTERPRETATION OF THE MEANING OF SAID PHRASE CONTAINED IN A PRE-SETSER POLICY STATEMENT. . 1. IS THE LANGUAGE OF 18 U.S.C. 3584(a)'S PHRASE : "AT THE SAME TIME" AMBIGUOUS. 2. IS IT PROPER FOR THE FEDERAL COURTS TO DEFER TO . POLICY STATEMENTS THAT INTERPRET THE MEANING AND | APPLICATION OF 18 U.S.C. §3584(a) BY THE FEDERAL BUREAU OF PRISONS. : 3. WHAT IS THE FEDERAL BUREAU OF PRISONS' ROLE IN : ADMINISTERING SENTENCES WITH RESPECT TO 18 U.S.C. , §3584(a). (i)

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-13
Reply of petitioner John J. Powers filed.
2020-05-08
Brief of respondent M. L. Stancil in opposition filed.
2020-04-28
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
2020-04-27
Motion to extend the time to file a response from May 6, 2020 to May 8, 2020, submitted to The Clerk.
2020-04-02
Motion to extend the time to file a response is granted and the time is further extended to and including May 6, 2020.
2020-04-01
Motion to extend the time to file a response from April 6, 2020 to May 6, 2020, submitted to The Clerk.
2020-02-26
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2020.
2020-02-25
Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
2020-02-05
Response Requested. (Due March 6, 2020)
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-16
Waiver of right of respondent Stancil, M. L. to respond filed.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

John J. Powers
John J. Powers — Petitioner
John J. Powers — Petitioner
Stancil, M. L.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent