No. 20-5007

Anthony Ray Foley v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review appellate-standard booker-standard circuit-split due-process federal-sentencing sentencing sentencing-review standard-of-review supervised-release
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is the 'reasonableness' standard or the 'plainly unreasonable' standard the proper standard for appellate review of a sentence imposed upon revocation of supervised release?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the “reasonableness” standard, under United States v. Booker, 543 U.S. 220 (2005), the proper standard for appellate review of a sentence imposed upon revocation of supervised release, as a number of federal circuit courts have held, or is the “plainly unreasonable” standard set forth in 18 U.S.C. §3742(a)(4) (applicable to non-Guidelines offenses) the proper standard, as other federal circuits have held? IL. Should a federal court of appeals vacate a sentence imposed upon revocation of supervised release when it finds that the sentence is unreasonable due to an error that was preserved in the court below, or should it require a showing that such a sentence, even though unreasonable, is “plainly unreasonable” under published circuit precedent? 1

Docket Entries

2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-16
Waiver of right of respondent United States to respond filed.
2020-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2020)

Attorneys

Anthony Ray Foley
H. Michael SokolowFederal Public Defender, Petitioner
H. Michael SokolowFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent