No. 19-8667

Diamante Alfred v. United States

Lower Court: Ninth Circuit
Docketed: 2020-06-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a 'promise' made by the judge, long before the supervision violation took place?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a “promise” made by the judge, long before the supervision violation took place? 2. Must a court sua sponte recuse itself from issuing a sentence where it had predetermined the sentence long before the supervision violation on which the sentence is based took place?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-22
Waiver of right of respondent United States to respond filed.
2020-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2020)

Attorneys

Diamante Alfred
Andrea Renee St. JulianLaw Offices of Andrea Renee St. Julian, Petitioner
Andrea Renee St. JulianLaw Offices of Andrea Renee St. Julian, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent