No. 19-7293

Desmond Bowen v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553(a) appellate-review booker-v-united-states federal-sentencing gall-v-united-states judicial-standard sentencing-discretion sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

What standard should appellate courts use to review claims of substantively unreasonable sentences under 18 U.S.C. § 3553(a)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED L 18 U.S.C. § 3553(a) states: “The court shall impose a sentence sufficient, but not greater than necessary.” Indeed, there are factors found in § 3553(a)(2) that sentencing courts must consider, but nothing concrete that defines this ambiguous mandate. The discretion to impose a sentence sufficient, but not greater than necessary, is left to each individual judge across the country. When appellate courts tackle claims of substantively unreasonable sentences, there is no guidance from Gall, Rita, Booker, or other cases on how to review such claims and many, if not all, cases are “rubber stamped” as affirmed. Mr. Bowen asks this Court to clarify this novel issue. i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States to respond filed.
2020-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

Desmond Bowen
Gregory S. ParkFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent