No. 20-5586

Jose Zamudio-Silva v. United States

Lower Court: Ninth Circuit
Docketed: 2020-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-split criminal-procedure federal-sentencing sentencing-departures sentencing-guidelines substantive-reasonableness
Key Terms:
Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

When considering guidelines rulings, should appellate courts review the decision to depart from the guideline range in the same way as other guidelines decisions as eight circuits have held, or should the review of sentencing departures be folded into substantive reasonableness review as the Ninth Circuit found below?

Question Presented (OCR Extract)

Question Presented When considering guidelines rulings, should appellate courts review the decision to depart from the guideline range in the same way as other guidelines decisions as eight circuits have held, or should the review of sentencing departures be folded into substantive reasonableness review as the Ninth Circuit found below?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-15
Waiver of right of respondent United States to respond filed.
2020-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Jose Zamudio-Silva
David Richard SilldorfLaw Offices of David R. Silldorf, APC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent