No. 19-7930

Roderick Pearson v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-procedure criminal-justice-reform criminal-law criminal-sentencing due-process finality first-step-act judicial-review retroactivity sentencing statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether certiorari should be granted to vacate the decision below and remand to the Eleventh Circuit to consider whether § 403 of the First Step Act of 2018 entitles Mr. Pearson to be resentenced

Question Presented (OCR Extract)

QUESTION PRESENTED Whether certiorari should be granted in order to vacate the decision below and remand to the Eleventh Circuit to consider whether § 403 of the First Step Act of 2018 entitles Mr. Pearson to be resentenced? Section 403(b) states, “This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” Is a sentence “imposed” within the meaning of §403(b) when it is first issued by the district court, or when it becomes final following exhaustion of the appeal process? LIST OF

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-18
Waiver of right of respondent United States to respond filed.
2020-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Roderick Pearson
Alexander Peter VlisidesOffice of the Federal Public Defender, Northern District of Alabama, Petitioner
Alexander Peter VlisidesOffice of the Federal Public Defender, Northern District of Alabama, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent