No. 19-8055

Corey Jones v. United States

Lower Court: Second Circuit
Docketed: 2020-03-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: abuse-of-discretion appellate-review constitutional-rights criminal-procedure due-process judicial-discretion judicial-review sentencing supervisory-power
Key Terms:
DueProcess
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the Court should exercise its supervisory power to order further consideration of the petitioner's sentence for biting a finger

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner was sentenced to 15 years in prison for biting a finger. The Court of Appeals found that “highly unjust, and little short of absurd,” and thus ordered “further consideration” of the sentence. On remand, however, the District Judge refused even to read a brief on the merits, and a different panel of the Court of Appeals summarily affirmed without adjudicating Petitioner’s claim that the refusal to hear him out denied him due process of law. This Court’s “supervisory power over the judgments of the lower federal courts is a broad one.” United States v. Munsingwear, Inc., 340 U.S. 36, 40 (1950). The question presented is whether the Court should exercise that power to order the same or another District Judge to give “further consideration,” after hearing from Petitioner, to what constitutes just punishment for his biting a finger. i

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-28
Supplemental brief of petitioner filed.
2020-03-26
Waiver of right of respondent United States to respond filed.
2020-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

Corey Jones
Matthew B. LarsenFederal Defenders of New York, Petitioner
Matthew B. LarsenFederal Defenders of New York, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent