No. 20-5264

Lakento Brian Smith v. United States

Lower Court: Sixth Circuit
Docketed: 2020-08-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: crack-cocaine criminal-sentencing first-step-act guideline-range mandatory-minimum post-sentencing-conduct resentencing sentence-reduction sixth-amendment statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Should the district court have held a hearing to consider petitioner's post-sentencing conduct and any other arguments before ruling on the motion?

Question Presented (OCR Extract)

QUESTION PRESENTED The First Step Act changed the penalty for petitioner’s crack cocaine crimes from life in prison to 10 years to life and changed petitioner’s guideline range from life to 360 months to life. Petitioner moved to reduce his sentence under the First Step Act. Should the district court have held a hearing to consider petitioner’s post-sentencing conduct and any other arguments before ruling on the motion? 1 STATEMENT OF

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Reply of petitioner Lakento Smith filed.
2020-10-23
Brief of respondent United States in opposition filed.
2020-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020.
2020-09-15
Motion to extend the time to file a response from September 24, 2020 to October 26, 2020, submitted to The Clerk.
2020-08-25
Response Requested. (Due September 24, 2020)
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-12
Waiver of right of respondent United States to respond filed.
2020-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

Lakento Smith
Kenneth TablemanKenneth P. Tableman, P.C., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent