No. 19-7470
Agustin Martinez-Lopez v. United States
Response WaivedIFP
Tags: 18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2020-03-06
Question Presented (AI Summary)
Can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a)
Question Presented (OCR Extract)
QUESTIONS PRESENTED L When conducting their review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as the First, Eighth, Ninth, and Eleventh Circuits hold, or does this Court’s decision in Gall v. United States, 552 U.S. 38 (2007), prohibit appellate courts from reweighing the sentencing factors, as the Fifth and Tenth Circuits hold? IL What is the appropriate standard for appellate courts to apply when conducting their review of sentences? i
Docket Entries
2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-12
Waiver of right of respondent United States to respond filed.
2020-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2020)
Attorneys
Agustin Martinez-Lopez
Scott Andrew Martin — Federal Public Defender, Petitioner
Scott Andrew Martin — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent